theft - mr

Question 1

both types of theft require the same mr which is

Answer 1

1. dishonesty
2. w/o claim of right
3. intention to permanently deprive owner of prop

Question 2

when is mr assesed for theft by conversion

Answer 2

at the time of using/dealing, post obtaining

Question 3

when is mr assesed for theft by taking

Answer 3

at the TIME of the taking

Question 4

first part of mr - dishonesty

Answer 4

subjective - d can honelst belive they can do something, not moral deleif, not a defence if you KNOW the owner didnt give consnet but thought it would be ok

Question 5

second part mr - claim of right

Answer 5

a claim of right is at the time of act you belive that you have a propretirary or possessory right to the prperty in regard to the offnece that has just been committed - CANT BE A MISTAKE OF LAW

Question 6

THIRD PART of mr - INTENTION TO DEPRIVE

Answer 6

a. the property cannot be returned to the owner in the same conditon
b. any owner is likely to be permanently deprived of the property

Question 7

attempt to deprive temporarily is

Answer 7

not theft

Question 8

taking something with the intention of replacing it

Answer 8

may still amount to inetntion to prmamnetly deprive