R v Morris; Anderton v Burnside


R v Morris; Anderton v Burnside are English highest court conjoined appeal decisions as to the extent of appropriation that can be considered criminal.
R v Morris was a final appeal from the Court of Appeal; Anderton v Burnside a leapfrog final appeal from the Divisional Court.
Agreeing with Lord Roskill, per curiam, the Law Lords established that in the English law of theft, an appropriation is established if the defendant clearly assumes a right of the owner, that is the prosecution proves such assumption beyond a reasonable doubt.

Facts

''R v Morris''

On 30 October 1981 Morris took goods from the shelves of a supermarket. He replaced the price labels attached to them with labels showing a lesser price than the originals. At the checkout he was asked for and paid those lesser prices. He was then arrested.

''Anderton v Burnside''

Burnside was seen to remove a price label £2.73 from a joint of pork and attached it to another. The checkout were notified and did not allow him to leave the store. He was then arrested.

Grounds for appeal

Both cases

If a person has substituted on an item of goods displayed in a self-service store a price label showing a lesser price for one showing a greater price, with the intention of paying the lesser price and then pays the lesser price at the till and takes the goods, is there at any stage a 'dishonest appropriation' for the purposes of Section 1 of the Theft Act 1968 and if so, at what point does such appropriation take place.

Judgment

Lord Roskill in rejecting the defence team's argument, supported by division between "distinguished academic lawyers" said: