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The Case of Sandra - Essay Example

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Summary
The paper "The Case of Sandra" states that the rule is known as men's rea (the guilty mind. This is the element of the crime that would only allow people to be punished based on actions that they voluntarily took. The case of Sandra does not prove that she had a guilty mind…
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Extract of sample "The Case of Sandra"

Download file to see previous pages Understanding that qualifies an act, a crime, is the appreciation that theft must be grounded o the desire to deny the owner of a property, the ownership. Sandra did not have any intention of depriving the owner of the shop owner of the airbrush.

In the second instance where it is suggested that in the event that Sandra had the intention of taking the hairbrush without paying, then she can be liable for criminal action. This then becomes the case of actus rea (guilty mind). The Criminal Justice System would prove that she had the intention of stealing from the shop. Ordinarily, the case of Linda in this instance would fall under theft. In the United States of America, this case would fall under Theft Act 1986. The penalty, in this case, would vary, depending on how severe the condition is. This might include whether Sandra is a first-time offender or has always been caught shoplifting before.

In the possible case that Sandra is a first-time offender, then her offense would attract a fixed amount penalty stipulated by the law. Sometimes first-time offenses would include a caution from the police, which would be included in their criminal records.
The case of Sandra may go either way considering that the shop owner may argue that Sandra had the intention of stealing from them. It is also not enough reason for Sandra to argue that it was because of negligence, which is why she forgot to make payments when she was supposed to. The shop owner may insist on pursuing the case against Sandra. No one can argue a case based on ignorance ...Download file to see next pages Read More
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