Theft Mens Rea Cases Only

Question 1

What is the Mens Rea of theft

Answer 1

Dishonest - S2
Intentiontopermenantlydeprive- S6
S6(1)
“treat the thing as his own to dispose of regardless of other’s rights”
“Borrowing or lending …may amount ….only if… for a period and in circumstances equivalent to… outright taking or disposal”

Question 2

R v Marshall
🐶🎫

Answer 2

Resale of Travelcards was treating them as own to dispose of.
“Treating it as his own disposing of TfL’s rights”

Question 3

DPP v lavender
🪻🚪

Answer 3

Moving council doors between flats was treating them as own to dispose of
Disposed council’s rights to decide where doors go in flats.

Question 4

R v Lloyd

Answer 4

Borrowed film reels and copied them. Did not lose all ‘goodness of value’ so the borrowing was not the intention to permanently deprive.
“Borrowing becomes IPD when all its goodness or virtue (of property) has gone.”

Question 5

R v Velumyl
💴🔢

Answer 5

Borrowed 1k from work, said he definitely intended to put it back on Saturday. Serial number on money is different .
“Returning similar property/same value is still an IPD, property must be the same or you have disposed of the original property meaning you intended to permanently deprive”

Question 6

R v Easom
🤔👛🙅🙅
(Give me som - nah)

Answer 6

Didn’t steal from a purse after searching through it because D thought there wasn’t anything worth it. Got caught. Not theft
“A conditional intent is insufficient for theft”

Question 7

R v Fernandes

Answer 7

A solicitor used his client’s money for risky stock market investments. He claimed he intended to return the fund with profit but they were lost.
“Risking the loss of property is treating as your own to dispose of -> it is IPD”

Question 8

R v Raphael
🚙 🤑

Answer 8

Took cars and demanded 500 pounds back. Applying a condition to return of another’s property amounted to IPD.