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KembaraXtra-Case Law-R v Skipp (1975)
​Appropriation & Intention to Permanently Deprive
Case Citation: R v Skipp (1975)
Area of Law: Theft Act 1968 - Appropriation & Intention to Permanently Deprive
Facts:
  • Defendant (D) posed as a haulage contractor.
  • D agreed to transport two loads of oranges and onions from London to a customer in Leicester.
  • D collected the goods but absconded with them, never delivering them to the customer.
  • D intended to steal the goods from the beginning.
Issue:
  • When did the appropriation occur?
  • Can appropriation and intention to permanently deprive occur at different times?
Held:
  • Temporal Separation: Appropriation and the intention to permanently deprive can occur at different points in time.
  • Appropriation Point: Despite intending to steal from the start, D did not appropriate the goods until:
    • They were all loaded and
    • They were diverted from the agreed route to Leicester.
  • Prior Authority: Until the goods were diverted, D was acting within the owner's authority.
Key Principles:
  • Authority: Actions taken with the owner's authority do not constitute appropriation.
  • Delayed Appropriation: Even with pre-existing dishonest intent, appropriation requires an unauthorized act regarding the owner's rights. This act (deviation from agreed route) marks the moment of appropriation.
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