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UNIT4 ASSIGNMENT4 CRIMINAL LAW

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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.

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