Term
| What are the mens rea requirements of theft? |
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Definition
1) Dishonestly
2) Intention to permanently deprive (ITPD) |
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Term
| Does the theft act provide a definition of what it is to be dishonest? |
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Definition
| NO - all it provides is 3 situations in which a person would not be dishonest (s2(1)). |
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Term
| Are the elements in s2(1) TA to be judged objectively or subjectively? |
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Definition
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Term
| How would you go about determining if someone is dishonest in an exam question? |
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Definition
1) Go to s2(1) and see if they fall into one of the categories. If not,
2) Apply R v Gosh [1982] |
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Term
| If you find a gold ring on the floor, and you decide not to hand it in to the police, because you think the police are all crooked. Are you dishonest? |
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Definition
| No... because you can rely on s2(1)(c) - you couldn't see any other reasonable steps to take, and you couldn't hand it to the police because you think they are crooked & they'll steal it. |
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