Ratio Decidendi
A borrowing is not theft unless the intention is to return the property in such a changed state that all its goodness or virtue has been taken.
Facts
Lloyd, a cinema projectionist, temporarily removed films from the cinema, allowed his accomplice to make pirate copies, and returned the original films before their absence was noticed.
Judgment Summary
The Court of Appeal quashed the theft conviction. The films were returned in their original condition — their goodness and practical value had not been diminished. The temporary deprivation did not amount to an intention to permanently deprive.
Key Quotes
"A mere borrowing is never enough to constitute the necessary guilty mind unless the intention is to return the 'thing' in such a changed state that it can truly be said that all its goodness or virtue has gone."
— Lord Lane CJ
Subsequent Treatment
Key authority on 'intention to permanently deprive' under s.6 Theft Act 1968.