Criminal Law Theft Essay Example | Topics and Well Written Essays - 1000 words

Criminal Law stealth - Essay ExampleAn appropriation of lieu would occur when a person assumes the overcompensates of an owner3 and resorts to retentivity or dealing with it as an owner.4 In Rias case the actus reus whitethorn be established, because (a) the place in question are the cards, because property would include money and all other property, real or personal5 (b) they belong to the manger and Sonia several(prenominal)ly, because they facilitate drawing on credit accounts in their respective names and are regulated by the Consumer Credit Act of 19746 (c) Ria has appropriated the cards and used them as if they belonged to her. It may not even be necessary to establish that the taking occurred without the bear of the owners.7 Even a irregular appropriation of property8 or accepting anothers property as a gift sess amount to appropriation.9Where the managers card is concerned, Ria cannot argue that because she is also a staff member, she has a right to use the card and is thereby not guilty of theft.10 Ria could try and use the defense of consent, i.e that the manager would feel granted consent to use of the card11, but a taking, even with consent, still amounts to an appropriation12 especially if such consent was obtained through fraudulent means.13 In the case of R v Morris14 theft was established when price labels on the products were changed to allow the defendant to purchase the product at a lower price. In this case, Lord Roskill utter that the concept of appropriation also includes an act by way of adverse interference with or assault of the owners rights.15 This was later disapproved in the case of R v Gomez16 where the House of Lords stated that appropriation can occur even in a case where the owner has consented to allow possession of the property by another, if such consent has been obtained through false representation17.Ria would be criminally liable because it is not save actus reus but also the mens rea which can be