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“R v Gomez has failed to resolve any of the problems which have arisen from the concept of appropriation in the law of theft”. Discuss.
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(a) "R v Gomez has failed to resolve any of the problems which have arisen from the concept of appropriation in the law of theft". Discuss. R v Gomez's Background Gomez, the assistant manager of a shop, persuaded the manager to sell goods to the value of £17,000 to his accomplice, X, and to accept payment by 2 cheques. The cheques, as Gomez and X knew, were stolen and worthless. If they had been charged with obtaining the goods by deception, contrary to s15 of the 1968 Act, the case would never have been heard of; but, for some reason, they were charged with theft. The Court of Appeal quashed their convictions. The contract of sale was voidable for fraud but not void, ownership passed to X, and the contract not having been avoided, he was entitled to take possession and he did so with the consent and express authority...
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