R v Turner (No. 2) [1971]

1. Facts:

• The defendant (D) took his car to a garage for repair. Later, he re-took the car without paying for the repairs.

2. Outcome:

• Decision: D was convicted of theft because the garage had lawful control of the car.

3. Impact and Analysis:

• Legal Principle: This case emphasises the concept of lawful possession. Even though D was the owner of the car, the garage had lawful control over it due to the repair services rendered.

• Possession vs. Ownership: The case highlights the distinction between possession and ownership. Ownership does not grant the right to repossess an item without fulfilling obligations, such as paying for services.

• Lien: The garage had a possessory lien over the car, meaning they had the right to retain it until the repair costs were paid. D's act of taking the car without payment violated this right and constituted theft.