R V Hinks

R v Hinks UKHL 53 is an English case heard by the House of Lords on appeal from the Court of Appeal of England and Wales. The case concerned the interpretation of the word "appropriates" in the Theft Act 1968. The relevant statute is as follows:

  • Section 1 provides: "(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it..."
  • Section 3 provides: "(1) Any assumption by a person of the rights of an owner amounts to an appropriation..."

The case established that in the English law of theft, the acquisition of an indefeasible title to property is capable of amounting to an Appropriation of property belonging to another for the purposes of the Theft Act 1968. Therefore, a person can appropriate property belonging to another where the other person makes him an indefeasible gift of property, retaining no proprietary interest or any right to resume or recover any proprietary interest in the property.

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