• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

UNIT4 ASSIGNMENT4 CRIMINAL LAW

Extracts from this document...

Introduction

THE NATIONAL ASSOCIATION OF LICENSED PARALEGALS 9, UNITY STREET, BRISTOL, BS1 5HH Tel: 0117 927 7077 : Fax: 0117 929 3887 E-mail: Legalnapl@aol.com GENERAL PRINCIPLES OF LAW UNIT 4: CRIMINAL LAW ASSIGNMENT FOR LESSON 4. Name.............................................................................................................. Address........................................................................................................... ....................................................................................................................... ..........................................................Post Code............................................. Question: Explain, illustrate and comment on what is meant by 'appropriation' in the law of Theft. Assignments may be typed, word-processed or hand written. Neatness will be taken into account on your grade. Thiss essay will seek to explain, illustrate and comment on what is meant by 'appropriation' in the law of Theft. In doing so the essay will assess this in depth. And follow on by dealing with the associated actus reus components. Finally, the essay will come to a conclusion in discussing what 'appropriation' means. To be guilty of Theft, five elements have to be proved by the prosecution which include the following; dishonesty, appropriation, property belonging to another and finally Intention to permanently deprive. Principally, in assessing the element of Appropriation it is imperative to point out this is the more difficult of the five elements since it forms part of the actus reus of the crime. ...read more.

Middle

can occur even though the owner has permitted or consented to the property being taken. and in R -v- Morris (1983), the House of Lords held that there had been an appropriation but in pinpointing exactly when that appropriation had occurred they stated that it was not when the goods were removed from the shelves as shoppers had the owners consent to do that and that appropriation required some adverse interference with the owner's rights which could not be satisfied if the owner's consent had been given. The latter does not acknowledge the contradiction: The matter was further complicated because the Court of Appeal in the case of Dobson -v- General Accident Fire & Life Assurance Corporation (1989), a civil action, opted to follow Lawrence instead of Morris. It stated that it did not matter that consent to the taking of the property was given. Here Dobson sold some household goods to a 3rd party who paid by way of a stolen Building Society cheque. ...read more.

Conclusion

Whereas this, at first sight, seems strange it does of course, depend upon the circumstances. A clear and genuine gift for a clear and genuine reason could never amount to theft because it would not have been accepted dishonestly. In the Hinks case the jury obviously found that that the acceptance (the appropriation) was dishonest as the gift was not a genuine one but one that had resulted from taking advantage of a person of limited intelligence. In conclusion, appropriation means doing something with property that the true owner has a right to do, but which no one else has the right to do without the owners permission. As already mentioned, this can include, selling, keeping, damaging or destroying the property - it is not, therefore, limited to the physical taking of the property. However, where someone buys stolen property in good faith, but ownership does not pass to him because unbeknown to him the goods are stolen, that person will not be treated as appropriating the goods by later assuming the rights of an owner which he had believed himself to have acquired (s. 3(2) The Theft Act 1968). ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Using Cases to illustrate your points critically, decribe the Homocide Act 1957 and include ...

    In R v. Luc Thiet Thuan, Lord Goff stated that the provoking act that causes the D to lose self-control might be the last of a series of acts, which finally provoked the D to lose self-control. Devlin LJ in R v.

  2. Law - Unit 3 - Mock Exam Question

    For the defendant to be liable factual and legal causation must be proved. Factual causation is established by two things. Firstly, that but for the conduct of the defendant, the result of the offence would not have occurred as and when it did.

  1. Liability in criminal law requires the prosecution to establish that the accused has caused ...

    He had directed the jury that it did not matter that the victim's days were numbered, so requirement of causation is fairly wide. Although, this is fair because the cause of death was homicidal instead of natural. Another point that is taken into consideration of causation is that the defendant's conduct need not be the only cause.

  2. Human rights in Britain

    It also places an obligation to public authorities to act with convention rights. This was a major breakthrough in Human Rights legislation; Civil liberties groups had welcomes the Act, but there was a number of criticisms raised by them these criticisms were as follows the act can be repealed by

  1. provocation essay

    Byrne was a sexual psychopath who killed and mutilated a girl's body because he could not control his sexual urges and was allowed the defence. Depression arises as an internal source. As Carl has been off work with depression he may have this evidence but he must be better now

  2. Nina runs a burger bar. She puts up a sign in the window saying ...

    Therefore, I believe that Quince is guilty of fraud. Prafal A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. It is clear the actus reus of the crime is reached in the case. Appropriation of a property is defined under section 3(1)

  1. List and explain the six most important cases for the law on insanity, explaining ...

    Despite the fact that some courts seem to have an apparent disregard for the doctrine of judicial precedent, Burgess remains one of the most important cases in developing the law on insanity, as it decided that a condition which affects 2% of the population is insanity, rather than non-insane automatism.

  2. The History and Main Features of Criminal Law in the USA.

    guilt and the third was by far the worse crime that humans were capable of committing against the law of nature. Justifiable homicide is killing under circumstances of necessity or duty without any evil intent; for example state executions. Excusable homicide occurs when one kills another by mistake or in self-defense.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work