Edwards v Ddin (1976) 63 Cr App R 218  Divisional Court of QBD

The defendant went to a petrol station and filled up with petrol. He then asked the attendant to put oil and water in the car. Whilst the attendant washed his hands the defendant drove off without paying.

Held:

His actions did not amount to theft as in contract law the property in the petrol passed to the defendant when it was put into his petrol tank. At the time of forming the intention not to pay for the petrol, it already belonged to him.

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