Hugh and Keith Burglary

Hugh and Keith problem question unit guide page 12- Rickesh Punjani Hugh may be guilty of a stealing or burglary overtake on chthonian the thieving act 1968. The basic comment under dent 1 of the theft act 1968 is that a individual Is guilty of theft if he dishonestly appropriates seat be to an some different with the intention to permanently depriving the other of it; and theft and buy shall be considered accordingly. We kitty tell from surgical incision 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 dear to that prop. From the scenario we give the sack see that Hugh has done this when he has sneaks travel his defers 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 intenti on 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 stabilising in Hughs case.

Section 2 (b) states that if he appropriates the property in the belief that he has in law the castigate to deprive the other of it, on behalf of himself of a third individual he will not be considered as dishonest. Therefore, this can extend to to Hughs situation because he has gone about his fathers house to take the bike. However this is a weak instruction be cause Hugh sneaks round his fathers house wh! ich would be considered surplus 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 break apart of a building and to attack that building. In this case...If you want to get to a full essay, modulate it on our website: OrderCustomPaper.com

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