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HELP! practice moot question

I have a practice moot tomorrow and I'm getting really confused with the question if anyone could help it would be great! the question is....

'the house of lords interpretation of appropiation is unwarrented by the theft act 1968'

any help or hints would be greatly appreciated! thanks guys!

Reply 1

Forum User

Have you been given any cases at all to look at? If not, start by taking a look at R v Hinks, R v Lawrence, and R v Gomez as that is what I expect the question is primarily about.
edit - and R v Morris as well (the switching labels around in a supermarket case).

(edited 12 years ago)

Reply 2

law.student

Original post by Forum User

Have you been given any cases at all to look at? If not, start by taking a look at R v Hinks, R v Lawrence, and R v Gomez as that is what I expect the question is primarily about.

nope, just the scenario I literally have no idea where to start. all the other moots have been more basic than this, it's just the unwarrented bit that's confusing me.

the facts are
G works at a care house caring for P ( the patient has dementia) to say thank you after making P a cup of tea P decides to give G a ring. G knew that she shouldn't of took it, but nevertheless thought that her hard work should be rewarded.

at g's trial the judge directed the jury on the meaning if appropiation by drawing on the statutory definition of the Theft Act and relevant judgements in the HL , the jury determined G was guilty and her appeal was dismissed in the court of appeal. G is now appealing to the supreme court on the basis that the HOuse of lords interpretation of appropiation was unwarrented by the Theft Act 1968 I.e. it's statutory definition and should not be followed.

All I can think of on the basis of the facts is Hinks

Reply 3

Forum User

That's quite similar to Hinks, then. You are going to have to come up with some arguments why Hinks was wrongly decided, as if the Supreme Court do decide to follow that decision I would suggest that G is in quite a bit of trouble.