Theft Mens Rea

Question 1

MR

Answer 1

-dishonesty
-Intention to permanently deprive

Question 2

Dishonesty

Answer 2

-no actual definition but:
-immaterial whether appropriation is made with a view to gain or for the thief’s own benefit

Question 3

s.2 Theft act 1968 3 situations where D is not dishonest

Answer 3

a) in law has the right to deprive the other of it
b) would have the others consent if they knew
c) person to who it belongs cant be discovered by taking reasonable steps

Question 4

R v Holden

Answer 4

Doesn’t matter if D’s belief is reasonable.

Question 5

Ivey v Casinos (two part test)

Answer 5

-Did D have a genuine belief
-Was his conduct dishonest by standard of ordinary people

Question 6

s2(2)

Answer 6

a persons appropriation of property belonging to another may be dishonest even if you are willing to pay for it.

Question 7

R v Velumyl

Answer 7

must have intention to return not replace to not permanently deprive.

Question 8

R v Lloyd

Answer 8

Must return the item in its original state to not permanently deprive.

Question 9

R v Esem

Answer 9

Intention to steal anything worth stealing does not show intention to permanently deprive.