What is the ratio in R v Turner (No 2)?

A person can steal their own property if another person has a superior right to possession at the time, as 'belonging to another' includes possession and control.

What did the court decide in R v Turner (No 2)?

The Court of Appeal upheld Turner's theft conviction for taking his own car from a garage that had lawful possession pending payment for repairs.

Why is R v Turner (No 2) important for theft law?

It clarifies that 'belonging to another' encompasses possession rights, not just ownership, establishing that theft can occur between parties with competing property claims.

What is the ratio in R v Turner (No 2)?

A person can steal their own property if another person has a superior right to possession at the time, as 'belonging to another' includes possession and control.

What did the court decide in R v Turner (No 2)?

The Court of Appeal upheld Turner's theft conviction for taking his own car from a garage that had lawful possession pending payment for repairs.

Why is R v Turner (No 2) important for theft law?

It clarifies that 'belonging to another' encompasses possession rights, not just ownership, establishing that theft can occur between parties with competing property claims.

Criminal1 min read

R v Turner (No 2)

[1971] 1 WLR 901Court of Appeal1971

Cite this case in OSCOLA →All Criminal cases →

“You can steal your own property from someone with superior possession rights.”

Facts

Turner left his car at a garage for repair. Before paying for the work, he returned with a spare key and took the car without the garage owner's knowledge or consent.

Issues

Whether a person could be convicted of stealing their own property, and what constitutes 'belonging to another' under s.5 Theft Act 1968.

Held

The Court of Appeal upheld Turner's conviction for theft of his own car.

Significance

This case clarifies the meaning of 'belonging to another' in theft law and establishes that ownership and possession are distinct concepts. It's crucial for understanding when theft can occur between parties with competing claims to property.

Read the full brief — free

You're reading the free summary of R v Turner (No 2). Create a free account to unlock the full reasoning, the cited authorities and the verbatim judgment — plus structured briefs for 412,000+ UK judgments.

Create free account Already have one? Sign in

No card required. Free forever.

OSCOLA Citation

R v Turner (No 2) [1971] 1 WLR 901 (CA)

Criminal LawTheftPossessionBailment

Read the full judgment elsewhere

Multiple official and mirror sources — pick whichever loads cleanly on your network.

LLBGDL

More Criminal cases

R v Reece Martin Kelly

[2026] EWCA Crim 268

R v Richard Alexander Welsh

[2026] EWCA Crim 466

R v Robert Michael Thomas

[2026] EWCA Crim 305

This case is reproduced verbatim from the public judgment published by The National Archives under the UK Government's Open Government Licence v3.0. If you appear in this case and believe it should not be published — for example because your conviction was quashed on appeal, you have statutory anonymity, or for other privacy reasons — request removal here.