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30 May 2008
Issue: 7323 / Categories: Case law , Law digest
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Criminal Law

R v Raphael and another [2008] EWCA Crim 1014, [2008] All ER (D) 159 (May)

The defendants took the victim’s car by force and demanded payment for its return.

HELD The express language of s 6(1) of the Theft Act 1968 specifies that the subjective element necessary to establish the mens rea for theft includes an intention on the part of the taker “to treat the thing as his own to dispose of regardless of the other’s rights”.

This includes the situation where the defendant makes an offer to sell the loser’s own property back to him, and to make its return subject to a condition or conditions inconsistent with his right to possession of his own property.
 

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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

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NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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