Mens Rea (Theft)

Question 1

Appropriation is not dishonest if they have a right to deprive.

Answer 1

R v Holden

Question 2

The second rule of when appropriation is not regarded as dishonest is

Answer 2

When the other would consent if aware of the appropriation

Question 3

Small (1987)

Answer 3

The appropriation is not dishonest when all reasonable steps are taken to return the property.

Question 4

Dishonesty is measured by which case? Which case then further confirmed this?

Answer 4

Ivey v Genting. Confirmed by R v Barton.

Question 5

As per which standard is the Ivey v Genting case held by?

Answer 5

The D’s conduct is dishonest if held so by the standard of the ordinary decent people.

Question 6

Which case showcases the defendant treating the items as their own?

Answer 6

DPP v Lavender

Question 7

Which case showcases their is no intention to permanently deprive of the goodness, virtue and practical value and upheld?

Answer 7

R v Lloyd.