Introduction
In this task I am going to explain the elements of theft and fraud offences.
Theft
Theft Act 1968 The actus reus of theft can be defined as
the unauthorised taking, keeping or using
Theft can be referred to as the act of
of another's property which must be
committing the crime of stealing. A
accompanied by a mens rea of dishonesty
person is guilty of theft if he dishonestly
and/or the intent to permanently deprive
appropriates property belonging to
the owner or the person with rightful
another with the intention of permanently
possession of that property or its use.
depriving the other of it; and “thief” and
“steal” shall be construed accordingly.
Elements of theft
S.2 Dishonestly
S.3 Appropriation
S.4 Property
S.5 Belonging to another
Dishonestly
The Act does not define "dishonest" but says what would not be dishonest.
Where someone appropriates property believing he has the right in law to deprive the
other of it.
Where the appropriation is done in the belief that they would have the others consent
if they knew about the appropriation.
If there is genuine belief that the owner of the property cannot be discovered by
taking reasonable steps. This never applies to trustees or personal representatives.
1
In this task I am going to explain the elements of theft and fraud offences.
Theft
Theft Act 1968 The actus reus of theft can be defined as
the unauthorised taking, keeping or using
Theft can be referred to as the act of
of another's property which must be
committing the crime of stealing. A
accompanied by a mens rea of dishonesty
person is guilty of theft if he dishonestly
and/or the intent to permanently deprive
appropriates property belonging to
the owner or the person with rightful
another with the intention of permanently
possession of that property or its use.
depriving the other of it; and “thief” and
“steal” shall be construed accordingly.
Elements of theft
S.2 Dishonestly
S.3 Appropriation
S.4 Property
S.5 Belonging to another
Dishonestly
The Act does not define "dishonest" but says what would not be dishonest.
Where someone appropriates property believing he has the right in law to deprive the
other of it.
Where the appropriation is done in the belief that they would have the others consent
if they knew about the appropriation.
If there is genuine belief that the owner of the property cannot be discovered by
taking reasonable steps. This never applies to trustees or personal representatives.
1
