INTRODUCTION TO LAW & CRIMINAL LAW - EXAMPLE OF THEFT CASE STUDY
John & Andrew stay in students accommodation together. While shopping at Tesco store John took few sun glasses from the display shelf & places them into Andrew's pocket. Later John saw a Puma shirt priced at 50$ & swapped the price tag with another shirt marked 30$ & paid the lower price. At the exit point Mark the shop detective blocked Andrew & perform a body search. As a result of the search Mark discovered sun glasses in Andrew's pocket. In continuing the search procedure Mark took John & Andrew to a room to check the items that they had purchased from Tesco store. While he was checking he found a Puma shirt with wrong price tag. Mr. Matt the manager has asked u to write a detail report on John & Andrew's criminal offences.
( 15m ) ( Refer to Morris case )
John and Andrew will be charged under Theft Act 1968. Whereas John will be charged under s15 of the Theft Act for swapping of label where he had change the price tag from 50$ to 30$ and also s1(1) of the Theft Act 1968. However, John and Andrew will be charged under Theft Act s1(1) for stealing of sun glasses. John and Andrew will be charged for theft of sun glasses under s1(1) of the Theft Act 1968. A person dishonestly appropriates property belonging to another with the intention of permanently depriving other of it.
The 1st element of actus reus for theft would be an appropriation. On the fact, John had appropriate the sun glasses from the display shelf. Under s3 of Theft Act, it define appropriation where he acquires the property unlawfully. However John had the possession of the property (sun...
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