Is the Relationship of Dishonesty and Appropriation in the Offence of Theft Free From Uncertainty?
... same point was again raised in Gomez (1993) and the effect of the decision in Gomez was that any removal of goods from a shelf in a shop is an appropriation. However, the complete offence of theft will only be committed if the person appropriating the goods has the required mens rea for theft. In this case the defendant, an assistant at an electrical shop was asked by the manager to supply goods (£16,000) in exchange for two building society cheques that defendant knew were stolen. Defendant obtained authority from the manager to supply the goods. Defendant did not tell the ... abroad. Therefore, the cars were stolen abroad where the appropriation took place. In other words where a thief came by property by stealing it his later dealings with the property could not be an assumption of rights of an owner. The first point that needs to be proved for the mens rea of theft is that when the defendant appropriated the property he did it dishonestly. There is no definition of what is meant by this in the Act but in section 1 (2) it states that "...it is immaterial whether the appropriation is made with a view to gain, or is ...
Tags: dishonesty | appropriation | criminal law | actus reus | mens rea | property belonging |
Tags: dishonesty | appropriation | criminal law | actus reus | mens rea | property belonging |