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Criminal Law

Criminal Law Coursework

In order for Mike to be found guilty of theft, it is necessary for the prosecution to prove without reasonable doubt, all the necessary elements of the offence under s.1 of the TA 1968 and TA 1978. The first element is the actus reus, which is the appropriation of property belonging to another, and the second are the mens rea elements which are dishonesty, and the intention to permanently deprive.

Overpayment
Mike has received an overpayment from his former employer and decided to keep the money and fly to Australia to visit his son. The issue that arises is whether this constitutes theft. "Property includes money" within the terms of s.4 (1) and that it belongs to another (former employer) under s.5 (1). Now it needs to be considered whether there has been an appropriation. There is a limited definition of "appropriation" in s.3. This makes clear that the D may appropriated property if there is an "assumption" of the rights of the owner and that......


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Approximate Word Count: 1373
Approximate Pages: 6 (250 words per double-spaced page)

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