o'brien v strathern [1922] ScotHC HCJ_1 (29 May 1922)

o'brien v strathern [1922] ScotHC HCJ_1 (29 May 1922)

A soldier who sells his regimental kilt, which was entrusted to him for a limited purpose and not as his property, commits theft at common law, and the existence of military remedies under the Army Act does not preclude criminal prosecution for theft or reset in civil courts.

Citation
[1922] ScotHC HCJ_1
Parties
Appellant: O'Brien; Respondent: Strathern
Jurisdiction
Scotland
Judgment Date
29 May 1922
Procedural Posture
Criminal Appeal / Appeal on Stated Case
Outcome
appeal dismissed; conviction for reset affirmed
Legal Topics
Theft, Reset, Military Law, Jurisdiction
Criminal Law Theft Reset Military Law Jurisdiction

Case Brief

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Parties

O'Brien

Appellant

Strathern

Respondent

Procedural Posture

Criminal Appeal / Appeal on Stated Case

Legal Issues

  1. 1 Whether the sale of a regimental kilt by a soldier constitutes theft under Scots law
  2. 2 Whether remedies under the Army Act preclude criminal prosecution for theft or reset in civil courts

Ratio Decidendi

A soldier who sells his regimental kilt, which was entrusted to him for a limited purpose and not as his property, commits theft at common law, and the existence of military remedies under the Army Act does not preclude criminal prosecution for theft or reset in civil courts.

Court Disposition

appeal dismissed; conviction for reset affirmed

Orders

  • Second question answered in the affirmative: the soldier's act was theft.
  • Appellant found guilty of reset.