theft- mens rea Flashcards
what does **S.1 (2) **state is the mens rea of theft?
“it is immaterial wheteher the apropriation is made with a view to gaim, or is made for the thiefs own benefit”
(meaning it is irrelevant what the motive of the D is, if all elements of theft are present)
briefly explain** S.2 (1) (a) **of a circumstance which would make you **not **dishonest
If he believes he has a legal right to appropriate the property.
such a belief doesn’t have to be reasonable as long as he believes he had a legal right.
briefly explain** S.2 (1) (b) **of a circumstance which would make you **not **dishonest
-likely to be used in exam
he would have the owners consent if the owner knew of the appropriation and the circumstances of it.
briefly explain** S.2 (1) (c) **of a circumstance which would make you **not **dishonest
owner of property cannot be discovered by taking reasonable steps
-e.g. taking money off a road/path if the person is nowhere to be seen, in some cases
briefly explain** S.2 (2) **of a circumstance which would make you **not **dishonest
“a persons appropriation of property belonging to another may be dishonest, notwithstanding that he is willing to pay for the property”
briefly explain the developments in the dishonestly test of the Ghosh test
-likely to be used in exam
- Locum doctor claimed money for an operation he hadn’t carried out.
- He claimed he wasmn’t dishonest as he was owed the money for consultation fees.
- Judge directed jury they must apply their own standards to decide if guilty.
- On appeal CA was a 2 part test decide if dishonest both had to be yes to be found guilty.
-objective test: Has D been dishonest by the ordinary standards of reasonable and honest people?
-subjective test: Did D realise that he has been dishonest by those standards?
what does S.6 TA state is the intention to permantley deprive?
a person appropriating property belonging to another without meaning other to lose the thing, but the intention to treat the thing as his own to dispose of regardless of the others rights but only if the borrowing or lending is for a period in circumstance making it an outright taking or disposal
briefly explain the difference between specific and basic intention as part of intention to permanently deprive
specific intent: offences where the MR is for specific intent, must be intent only - recklessness is not sufficient (e.g. murder or theft)
basic intent: offences where recklessness is sufficient for the MR (e.g. mmanslaughter, assault)
briefly explain “borrowing or lending” as part of the S.6 TA definition of intention to permanently deprive
borrowing doesn’t normally come under S6 unless it is “for a period in circumstances making it equivalent to outright taking or disposal”.
It must be returned without affecting the virtue or goodness and practical value of the item
