- Published on
Kembaraxtra-Case Law- Kelly(1998) CA
Core Issue: Can human body parts be considered "property" capable of being stolen under theft laws?
Facts:
Core Issue: Can human body parts be considered "property" capable of being stolen under theft laws?
Facts:
- Defendant (D) convicted of stealing ~35 human body parts from the Royal College of Surgeons.
- D appealed, arguing that a human corpse (or its parts) is not property and therefore cannot be stolen.
- The Court upheld the common law position: a human corpse is not property capable of being stolen.
- Exception: If a corpse or its parts have been altered for medical/scientific examination, they gain value and become property that can be stolen.
- D's conviction for theft was upheld due to the altered state of the body parts.
- The alteration of body parts for medical/scientific purposes imbues them with value, transforming them into property under the law.
- Rose LJ suggested the common law position on body part possession is not static.
- Future courts might rule unaltered body parts as property, especially if intended for organ transplant or other specific uses.
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