Lawsamantha
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I have a case that summed up is about a man who was shopping, had his hands full, his phone rang so he put something he had not bought yet in his pocket so he could answer his phone, phone call turned out to be an emergency so he had to rush out when the security guard chased after him and found the items on him and he has been arrested. I’m struggling to work out his criminal liability and also cases and journals related to this.
Can anyone help??? Thank you!
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S.carter
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(Original post by Lawsamantha)
I have a case that summed up is about a man who was shopping, had his hands full, his phone rang so he put something he had not bought yet in his pocket so he could answer his phone, phone call turned out to be an emergency so he had to rush out when the security guard chased after him and found the items on him and he has been arrested. I’m struggling to work out his criminal liability and also cases and journals related to this.
Can anyone help??? Thank you!
Sounds like you need to look at whether MR was satisfied
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chris2791
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(Original post by Lawsamantha)
I have a case that summed up is about a man who was shopping, had his hands full, his phone rang so he put something he had not bought yet in his pocket so he could answer his phone, phone call turned out to be an emergency so he had to rush out when the security guard chased after him and found the items on him and he has been arrested. I’m struggling to work out his criminal liability and also cases and journals related to this.
Can anyone help??? Thank you!
i would argue that he possess the full AR of theft- theres no problem there. However, i would argue whether he had a true intention to permeantly deprive and certainly i dont think he will even succeed on the objective IVEY test as what he had done wasn't dishonest but a mistake
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anonuser1
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(Original post by Lawsamantha)
I have a case that summed up is about a man who was shopping, had his hands full, his phone rang so he put something he had not bought yet in his pocket so he could answer his phone, phone call turned out to be an emergency so he had to rush out when the security guard chased after him and found the items on him and he has been arrested. I’m struggling to work out his criminal liability and also cases and journals related to this.
Can anyone help??? Thank you!
The actus reus is clearly established here because he's made off with the shopping, but mens rea isn't necessarily established yet. The Theft Act 1968 defines theft as "dishonest appropriation of property belonging to another, with the intention to permanently deprive the other of that property". The appropriation of property belonging to another has clearly taken place, but the dishonesty and intention to permanently deprive is not yet established. If it turned out that he intended to steal when he went into the shop, then he has committed theft because when he appropriated the property, he was doing so dishonestly. However, this is unlikely as it just says "a man who was shopping." It is therefore unlikely that there is any dishonesty here and when he ran away he probably didn't intend to permanently deprive the shop of the property.

I studied this 3 years ago so don't really remember any exact case law but I'm pretty sure this is the answer! You just need to do a bit of research into the case law in this area.
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