Theft & Robbery: Mens Rea

[Flash Card 1 of 1]

Theft Act 1968 (TA)

• S1(1) TA: .. dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it ...

Dishonesty:

• Ghosh test part 1: objective / would reasonable & honest person regard D's conduct as dishonest?
• Ghosh test part 2: subjective / D aware that his conduct would be regarded dishonest by a reasonable & honest person?
• S2(1) TA: subjective belief exceptions / (a) legal right / (b) owners consent / (c) owner cannot reasonably be found
• took car / thought abandoned / found genuinely held belief / not guilty (Small)
• S2(2) TA: pay money / can still be dishonest

Intention to permanently deprive:

• borrowing not sufficient / theft begins when the intention is formed / intent can be inferred
• specific item even if replace not acceptable (Velumyl)
• utility of item (Marshall)
• swapping council house doors / D treated doors as his own to dispose of regardless of owner's rights / sufficient for conviction (Lavender)

bits of law