Hugh and Keith Burglary

Hugh and Keith problem question unit guide page 12- Rickesh Punjani


Hugh may be guilty of a stealing or burglary devolve on chthonian the theft act 1968. The basic definition under dent one of the theft act 1968 is that a individual Is guilty of theft if he dishonestly appropriates property be to another with the intention to permanently depriving the other of it; and theft and buy shall be considered accordingly. We kitty tell from section one of the theft act that the actus reus of a theft is the appropriation of property be to another. Appropriation simply means assuming the owners right to that property.

From the scenario we can see that Hugh has done this when he has sneaks travel his renders dramatics and takes the bike with a view of selling it. Hugh has intelligibly assumed that his father would be ok with this and has therefore, committed the act. The mens rea of theft concerns two 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 right 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 round his fathers house to take the bike. However this is a weak argument because Hugh sneaks round his fathers house which would be considered unnecessary 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 get a full essay, modulate it on our website: Ordercustompaper.com



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