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Dishonesty in Criminal Law: Analyzing the Offence of theft - Essay Example

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The theft Act
As pertains to dishonesty, the Act documents that an individual cannot be termed as being dishonesty if the individual appropriates another persons’ property with the belief that the law approves of it either on behalf of a third party or his behalf. …
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Dishonesty in Criminal Law: Analyzing the Offence of theft
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Download file to see previous pages Consequently, it is not an act of dishonesty if an individual appropriates the other person’s property with the belief that if the person found out about the appropriation, he would approve of it and would understand the circumstances that led to the appropriation. Moreover if an individual appropriates the property of owner of the property who cannot be discovered, he cannot be termed as being dishonest. Any individual acting contrary to the provisions by this Act is regarded as being dishonest (Act of theft of 1968).
As per this Act, dishonesty according to the theft Act of 1968 is inclined to the moral view point of the defendant. This is evidenced by the provisions that need to be met prior to an individual being defined as being dishonesty. According to the first provision, the defendant cannot be termed as being dishonesty if he has the opinion that the law allows him to act dishonestly in appropriating another person’s property. This provision creates a lee way through which the moral point of view of an individual is inculcated into his activities. Where the defendant is of the opinion that the law permits him to appropriate another’s property, he will do so without any fear and defend himself with this Act. This means that the theft Act provisions of dishonesty are based upon the moral point of view of the defendant (Act of theft of 1968)....
This is based on the second provision made that an individual cannot be termed as being dishonest if he performs. This is especially where the Act inculcates the provision that if the person whose property is being appropriated found out, he would not mind. This means that the morality of the defendant is included since this asserts the relationship that the defendant has with the plaintiff. Moreover, the Act provides that it is not dishonesty if the person who appropriates the property understands the circumstances. This creates loopholes in dishonesty in criminal law since it inclines more on what the defendant terms as right hence the law protecting him for his opinion leading to him acting dishonestly (Act of theft of 1968). In conjunction, the theft Act of 1968 provides that it is not dishonesty if an individual appropriates the property of a person who cannot be found. This propagates the act of dishonesty among the defendant since the excuse of the person who owns property being absent will prevail in defense. This evidences that the Act incorporates the moral opinion of the defendant. This is since if the defendant can prove that the appropriated property had stayed for long without being claimed by anyone else. This leads to the avenue in which crime and propagation of dishonesty can be escalated since the moral opinion of the defendant is protected by the theft Act of 1968. This therefore emulates that the Act of theft of 1968 has a bearing on the defendant’s moral point of view (Act of theft of 1968). Other than the Act of theft of 1968, the test of dishonesty in R v Ghosh1 has led to prevalent debate as pertains to the moral point of view of the defendant. This has led to disputes especially if one of the courts ...Download file to see next pages Read More
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