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Case A Section 1(1) of the Theft Act 1968 creates the offence of theft. It 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.' In this case, with John being jobless & virtually destitute with a wife and four children to support, feels justified in keeping the money and therefore could attempt to plead necessity. Necessity or 'duress of circumstances' arises where a defendant is forced by circumstances to transgress the criminal law; the generally accepted position is that necessity cannot be a defence to a criminal charge1. Since this country is a welfare state, there is no excuse for keeping the money, thus providing no plausible or legitimate reason to keep the money out of necessity as Lord Denning states: 'I see no reason for destitution, justifying theft with a plea of necessity.' Being realistic, if...

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