Hugh and Keith Burglary

Hugh and Keith problem question unit guide page 12- Rickesh Punjani Hugh may be guilty of a stealing or burglary turn over on chthonian the thieving act 1968. The basic exposition under dent iodin of the theft act 1968 is that a individual Is guilty of theft if he dishonestly appropriates stead be to an different with the intention to permanently depriving the early(a) of it; and theft and buy shall be considered accordingly. We kitty tell from variance one of the theft act that the actus reus of a theft is the appropriation of topographic point be to another. Appropriation simply means assuming the owners even up to that dimension. From the scenario we tolerate see that Hugh has done this when he has sneaks travel his fathers dramatics and takes the bike with a view of merchandising it. Hugh has intelligibly assumed that his father would be ok with this and has therefore, attached the act. The mens rea of theft concerns dickens aspects, the inte ntion to permanently despoil the other of it and he dishonestly appropriates the property. In this case section two of the theft act explains circumstances which are not to be regarded as dishonest and subsection (b) may come useful in Hughs case.

Section 2 (b) states that if he appropriates the property in the belief that he has in law the by rights to deprive the other of it, on behalf of himself of a third person he will not be considered as dishonest. Therefore, this can extend to to Hughs situation because he has gone number his fathers house to take the bike. However this is a weak pedigree because Hu gh sneaks round his fathers house which woul! d be considered needless if his father would give Hugh the consent. The second aspect of permanently depriving the other of it is gain ground as he has the view of merchandising the bike. Furthermore, the charge of burglary lies at heart the theft act 1968 section 9 (1) a and section 9 (1) b. The actus reus of section 9 (1) a is the entry of a building or jump of a building and to attack that building. In this case...If you want to make believe a full essay, modulate it on our website: OrderCustomPaper.com

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