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Criminal | Offences Against Property

Theft & Robbery: Mens Rea

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Theft & Robbery: Mens Rea

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Theft Act 1968 (TA)

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


  • 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
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