R v Manning

Facts

Manning took some of his master's potato bags and left them where they could be sold back, so that the master would pay again for his own bags. The deprivation was arranged to be temporary.

Issue

Must the owner lose the goods for good?

Held

It was larceny. Treating the goods as his own for a time, so as to sell them back to the owner, was a sufficient taking.

Principle

An intention to deprive permanently can be found where the taker intends to treat the goods as his own to dispose of, even if he expects them to come back.

Why it matters

The mental element must still exist at the time of the taking.

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