Thursday, September 26, 2019

Property offence Assignment Example | Topics and Well Written Essays - 2000 words

Property offence - Assignment Example 8). In this particular case, Fred sees a 50 pound shirt in a shop and swaps the price tag for another one marked 30. By doing so, Fred intentionally pays less for the shirt. This triggers the men rea precedent and the fraudulent act is then translated to theft or shoplifting since the true value of the item is not represented in its buying price. As a misdemeanor, the act falls under "summary offence† case. It is then referred to section 22 of the Magistrates Courts Act 1980 (Dabbah 2004, p. 8). Fred is charged with petty theft charges due to his offence. In this case, Andrew and Fred share a house, however, when Andrew takes Fred’s football club season ticket from his room, he violates the ‘Taking without Owner’s Consent’ law under the actus reus precedent. Subsection 5 and 6 of the UK legislation Theft Act of 1968 clearly states that an individual will be guilty of a theft charge, if the person lacks the permission of the proprietor or other official authority. (Cunningham 2008, p. 71). It is later documented that Andrew returned the ticket three months later. The theft cases may not be satisfactory to the jury since the item was returned to the owner while still valid. When Su decides to steal vodka from a shop with the use of a gun, he is subject to an aggravated burglary charge due to intent to use a deadly weapon hence triggering the men rea precedent. The UK legislation Theft Act of 1968 under section 10 states that an individual is accused of aggravated theft if he does any larceny and at the time he or she has any weapon or artificial firearm†. The fact that she pulls the gun outside the shop but returns it to her pocket still remains mute. The act further states that for this purpose a firearm or an imitation means anything that has the form of being a weapon whether able to being cleared or not. The

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