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KembaraXtra-Case Law-Hilton (1997) - Theft of a Chose in Action
Citation: Hilton (1997) (Court of Appeal, presumably England and Wales, though unreported)
Area of Law: Theft; Property; Choses in Action
Facts:
Citation: Hilton (1997) (Court of Appeal, presumably England and Wales, though unreported)
Area of Law: Theft; Property; Choses in Action
Facts:
- D, chairman of a charity, instructed the bank via fax to transfer funds from the charity's account to his own and his creditors' accounts.
- D was convicted of theft.
- D appealed, arguing the charity's credit balance was not "property" subject to theft.
- Does a credit balance in a bank account constitute "property" capable of being stolen for the purposes of theft?
- Is a 'chose in action' a form of property?
- Yes. What was stolen was the charity's right to recover a debt from the bank (i.e., the credit balance).
- A credit balance is a debt or chose in action.
- A chose in action is property that can be stolen.
- Appeal dismissed; conviction upheld.
- Clarifies that a chose in action (specifically, the right to recover a debt represented by a credit balance) constitutes "property" for the purposes of theft offences.
- Broadens the scope of "property" capable of being stolen beyond tangible items.
- Reinforces the idea that rights and intangible assets can be the subject of theft.
- Chose in Action: An intangible personal property right which can only be claimed or enforced by legal action (e.g., a debt, a right to sue).
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