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criminal law thrft act 1968

khaled hossain

what is Hinks and Gomez cases?

Reply 1

999tigger

Original post by khaled hossain

what is Hinks and Gomez cases?

Have you bothered to look them up or read your textbook?

http://swarb.co.uk/director-of-public-prosecutions-v-gomez-HL-3-Dec-1992/
https://www.lawteacher.net/cases/r-v-gomez.php

http://swarb.co.uk/regina-v-hinks-hl-27-oct-2000/

R v Hinks [1998] EWCA Crim 2105

Hinks, a young mother, befriended a 53 year old man called John Dolphin. He had been left money by his father and was naive, gullible and of limited intelligence. Over a period of 7 months, the appellant influenced, coerced and encouraged Mr Dolphin to withdraw sums, amounting to £60,000, from his building society account and for them subsequently to be deposited in the appellant's account. She was subsequently convicted of theft and appealed on the ground that the sums given were gifts which were valid in civil law.

Held:

Conviction upheld. An appropriation exists even where the victim consents to the appropriation and civil unlawfulness is not a constituent of the offence of theft.

Reply 2

999tigger

You can also read this article by Simon Parsons in the Journal of criminal law

Ive saved you the trouble of visiting the library.

Dishonest Appropriation after Gomez and Hinks

Simon Parsons
Volume: 68 issue: 6, page(s): 520-532

Issue published: November 1, 2004

https://tinyurl.com/yb6bl8zc