blood samples hypothetical question

[Iggle Piggle]

Blood samples stolen from a research dept. , I have to argue they are not 'property' under the theft Act 1968.
Nasty question I have as a law degree student, can you help ?
(Is this collusion? or just plain unoffensive cheating?)

[jake-the-peg]

I guess it depends on the quality of the help you get :c)

http://www2.warwick.ac.uk/fac/soc/law/elj/jilt /1999_1/lipton/ is an interesting article on property

This is a bit out of my depth but you might think about the value.

In the same way that the value of a cheque is not the paper on which it is written, the value to a research department is not the actual blood (which will have a finite shelf life anyway) but the information they hope to derive from it. If that analysis has taken place then they are not deprived of the information which is where the value lies.

Was all the blood stolen or did someone take half and leave half? in that case the lab has not been deprived even if the analysis was not completed if they have enough to do the work.

[Buenchico]

The nearest case, which has actually been tested before
courts, is probably that of the artist Anthony-Noel Kelly who stole body specimens from the Royal College of Surgeons.

The appeal court ruling considers the issue of ownership and makes reference to possible precedents:
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ ew/cases/EWCA/Crim/1998/1578.html&query=cr emation&method=all

Chris