Crime- Causation

CRIME ASSESSMENT Russell, in consuming of the bottle of cyder and his prove at pickings more bottles of cider and a laptop computer computer, qualifies to be charged with thievery and burglary. both(prenominal) of these crimes argon statutory crimes. The statute that governs the dealings of these crimes is mainly the stealing Act 1968. These crimes f every(prenominal) downstairs Offences against Property. Theft is a statutory offence and therefore, concord to separate 1(1) of the Theft Act 1968, A person is conscience-smitten of theft if he dishonestly appropriates aeroplane propeller belonging to an different with the tar take a leak of permanently depriving the other of it. This is the legal definition of it. The five rouge points to prove that Russell was guilty of theft according to the Act are; dishonesty, annexation, property, belonging to another and with the tendency of permanently depriving. These points merchant ship be divided into two: the actus r eas and the mens reas. The actus reas is the outside(a) elements or harmful fill that caused the situation. The actus reas of theft are; appropriation, property and belonging to another. Appropriation is every assumption by a person of the rights of the owner according to the Theft Act 1968 department 3(1). Russell drank the cider and took several for his journey. He proceeded to attempt to take the laptop as well.

Three factors that are usually considered in appropriation are; what the rights of the owner were, if all of them need to be fabricated and if there would be appropriation if the owner consents to the assump tion of rights. In this case, the owners of ! Foxhill evoke had full rights of the cider and the laptop. Secondly, Russell assumed all rights to the laptop and the cider because he consumed close to of the cider and was going to rattling take the laptop for himself. The thirdly factor to be considered does not apply to this situation because the owners of Foxhill Farm did not consent in any way to the taking of their property. In Smith, The Law of Theft (2-05), he says Anyone doing...If you want to get a full essay, revisal it on our website: OrderCustomPaper.com

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