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Elements of Theft and Their Problems

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Of all of the elements which make up the definition of theft, which are the most problematic? Discuss using case law. The Theft Act 1968 s. 1(1) states "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it." From this definition we see that the definition of theft contains five elements, each of which are explained at length within the Act, as well as in subsequent acts, and they are: dishonesty, appropriation, property, belonging to another, and deprivation. I shall discuss each element at length, along with those aspects of each element that make it problematic. I would like to discuss first those elements that make up the actus reus of theft, and then the elements that make up the mens rea of theft, and within both of these subsections I will attempt to order the...

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