UNIT4 ASSIGNMENT4 CRIMINAL LAW

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THE NATIONAL ASSOCIATION OF LICENSED PARALEGALS

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GENERAL PRINCIPLES OF LAW

UNIT 4: CRIMINAL LAW

ASSIGNMENT FOR LESSON 4.

Name..............................................................................................................

Address...........................................................................................................

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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.

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In assessing appropriation in theft the prosecution must prove (inter alia) that the accused “appropriated” property belonging to someone else.   In law, appropriation essentially means:

“an assumption by a person of the rights of another”

The person who takes property belonging to someone else from their person or from their premises, clearly assumes the rights of the owner of that property as only the owner has the right to remove that property.   This is the classic concept of theft.   However, exercising any of the rights of an owner can be an appropriation.  Such rights can include: ...

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