MR - Theft

• What are the two elements of the mens rea of theft?

  Dishonesty (s2)

  Intention to permanently deprive (s6)
• What section is the law on "Dishonesty" found?

  s2
• What must be applied when none of the defences to dishonesty?

  The standard common law test
• What is the two-stage Barton and Booth test for dishonesty?

  1 ) Decide what the individual knew or believed about what they were doing and what the surrounding circumstances were

  2 ) Decide whether the ordinary member of society would say what was done was dishonest
• Which case gives us the two-stage test for dishonesty?

  Barton and Booth
• What does Small say about dishonesty?

  An unreasonable belief that a person had a right in law can be an honest belief
• What section is "Intention to permanently deprive" contained within?

  s6
• Does s6 provide a definition for "Intention to permanently deprive"?

  No
• What are examples of intention to permanently deprive given under s6(1)?

  The defendant treats the thing as their own

  A borrowing or lending of the thing if it is for a period equivalent to permanently taking it
• What are examples of intention to permanently deprive where even if the thing is returned given under s6(2)?

  Selling a person's property back to them

  Using some of of a thing - it loses some of its value (E.g. chocolate)

  Returning a concert, gig or raffle ticket that has been used
• What does Vinall state about s6(1) for intention to permanently deprive?

  It requires a state of mind in the defendant that is the equivalent of an intention to permanently deprive
• What can intention to permanently deprive be?

  Direct or indirect
• What does Mitchell tell us about the intention to permanently deprive?

  If a car is taken away to destroy, then there is an intention to permanently deprive
• What case tells us that if a car were taken away to destroy, there is an intention to permanently deprive?

  Mitchell
• What case is there for an intention to permanently deprive?

  Lavender
• What does Lloyd tell us about an intention to permanently deprive?

  If the thing is returned and has not lost any value, there is no intention to permanently deprive
• What case is it where if the item is returned and has not lost any value then there is no intention to permanently deprive?

  Lloyd
• What does Raphael tell us about an intention to permanently deprive?

  If the defendant puts a condition on returning something, they are treating it as their own
• What case tells us that if a condition is put on returning something, then there is an intention to permanently deprive?

  Raphael
• What are the three defences under s2(1)(a-c) to dishonesty?

  s2(1)(a) they believe they have a legal right in law

  s2(1)(b) they believe the owner would agree to the taking of it

  s2(1)(c) they believe the owner cannot be found through reasonable steps
• What is the defence to dishonesty under s2(1)(a)?

  They believe they have a legal right in law
• What is the defence to dishonesty under s2(1)(b)?

  They believe the owner would agree to the taking of it
• What is the defence to dishonesty under s2(1)(c)?

  They believe the owner cannot be found through reasonable steps
• Where are the defences to dishonesty found?

  s2(1)(a-c)
• Which case tells us an unreasonable belief a person had a right in law can be an honest belief?

  Small
• Instead of a definition, what does s6 provide for an intention to permanently deprive?

  Guidance - a question of fact for the jury/magistrate