Hugh and Keith Burglary

Hugh and Keith problem question unit guide page 12- Rickesh Punjani Hugh whitethorn be guilty of a stealing or burglary pretermit on chthonian the stealing act 1968. The basic comment under dent champion of the theft act 1968 is that a individual Is guilty of theft if he dishonestly appropriates retention be to an opposite with the intention to permanently depriving the otherwise of it; and theft and buy shall be considered accordingly. We kitty tell from de leavement one of the theft act that the actus reus of a theft is the appropriation of proportion be to another. Appropriation simply means assuming the owners powerful to that spot. From the scenario we end see that Hugh has done this when he has sneaks travel his allows dramatics and takes the bike with a view of marketing it. Hugh has intelligibly assumed that his father would be ok with this and has therefore, move the act. The mens rea of theft concerns cardinal aspects, the intention 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 utile in Hughs case.

Section 2 (b) states that if he appropriates the property in the belief that he has in law the good to deprive the other of it, on behalf of himself of a third somebody he will not be considered as dishonest. Therefore, this can extend to to Hughs situation because he has gone declamatory his fathers house to take the bike. However this is a weak melody because Hugh sneaks round his fathers house which would be consi! dered 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 part of a building and to attack that building. In this case...If you want to observe a full essay, modulate it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper