Section 2

Cards (12)

What is section two?
mens rea of theft
Dishonestly
What does the act set out?
What is not dishonest
What are the three points that aren't dishonest?
Right to deprive by law
owners consent if they knew about appropriation
owner can't be discovered by reasonable steps
R V Small 
Thought it was abandoned
Not guilty- legitimate belief
R v Holden 
tyres from work
not guilty- reasonable belief
R V Robinson 
owed money , fight when collection, 5 fell out v's pocket
Not guilty- honestly thought it belonged to him
What does willingness to pay show?
Won't negate if there is no consent
Ghosh test? 
No longer usd
R V Barton and Booth? 
Groomed multiple care home residents and made themselves next of kin
Created Barton and booth test
What is the Barton and Booth test? 
Actual state of individuals belief
Dishonest by standards of ordinary person
When can you use the Barton and Booth test? 
Not one of the 3 stated by statute
What is an example of when owner can't be found by reasonable steps?
Coins on the floor
More valuable an item, less likely owners can't be found