Case Summary

Citation: [1999] QB 621

Parties: R v Kelly

Nature of Case: Crime - Theft - Property belonging to another - Removal of human body parts from medical institution - Whether body parts "property" - Whether medical institution in "possession" of body parts - Theft Act 1968 (c. 60), ss. 1(1), 4(1), 5(1)

Status of Court: House of Lord: Appeal dismissed

Facts: Kelly given permission to draw anatomical specimens held by the Royal College of Surgeons. The specimens were of various body parts used for training purposes met Lindsey; junior technician working for the RCS. Asked Lindsey to remove various body parts over a number of months. Kelly made casts of the body parts; exhibited in an art gallery. Both convicted of theft and appealed contending the body parts did not constitute property lawfully in the possession of RCS.

Legal Issue(s): Body parts were not property of the royal college of surgeons: Under common law a corpse or parts of a corpse cannot be property under s4 Theft

Act 1968 College not in lawful possession of the body parts; had them in their possession for

longer than 2 years before burial, contrary to the Anatomy Act 1832

Outcome: In favour of respondentsReasoning: Parts of a corpse are capable of being property within section 4 of the Theft Act, if they have acquired different attributes by virtue of the application of skill, such as dissection or preservation techniques, for exhibition or teaching purposes. The body parts were property under s4 Theft Act 1968: Doodweard v Spence (1908) 6 CLR 406 provided exception to common law rule.

Obiter dictum:

Significance: Parts of a corpse are capable of being property and therefore can be stolen