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Eva M.B. Joyce, "The Law of Gift
and the Law of Theft", The Liverpool Law Review xviii/2 (1996),
207-212: It is argued in this article that the criminal law of theft and
the civil law should "march hand in hand". The recent case of
Mazo [1996] Criminal Law Review 435 is analysed in terms of the reasons
given by the court of Appeal for allowing the appeal against conviction
and there is a response to part of the commentary on the case by Professor
J C Smith. The civil law involved in the case is the law of gift; the effect
of the decision is that the law of theft and the law of gift are not in
conflict, but the point is made that there should not be conflict between
theft and the civil law generally, that the criminal law ought to be based
upon civil law concepts because they determine the distinction between 'mine'
and 'thine'.
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