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Monday, February 3, 2014

Hugh and Keith Burglary

Hugh and Keith problem question unit guide page 12- Rickesh Punjani Hugh may be guilty of a stealing or burglary conk on chthonian the stealing act 1968. The basic explanation under dent angiotensin-converting enzyme of the theft act 1968 is that a individual Is guilty of theft if he dishonestly appropriates stead be to an opposite with the intention to permanently depriving the early(a) of it; and theft and buy shall be considered accordingly. We kitty tell from component articulation one of the theft act that the actus reus of a theft is the appropriation of office be to another. Appropriation simply means assuming the owners repair to that property. From the scenario we after part see that Hugh has done this when he has sneaks travel his regresss dramatics and takes the bike with a view of interchange it. Hugh has intelligibly assumed that his father would be ok with this and has therefore, perpetrate the act. The mens rea of theft concerns 2 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 helpful in Hughs case. Section 2 (b) states that if he appropriates the property in the belief that he has in law the correctly to deprive the other of it, on behalf of himself of a third someone he will not be considered as dishonest. Therefore, this can extend to to Hughs situation because he has gone review his fathers house to take the bike. However this is a weak ground because Hugh sneaks round his fathers house which would be considered redundant 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 selling 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 bunk a full essay, modulate it on our website: OrderCustomPaper.com

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