Law 5110 Study Guide - Quiz Guide: Mens Rea, Itv Yorkshire, Law Of Obligations
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Also in s1(1) - d"s motive is not relevant. Destroying property belonging to another can be theft, yet also criminal damage. It doesn"t matter whether it is a correct or reasonable belief, as long as it is genuine. Turney (no 2) - believed he had the right to take back his car from the garage. The whole test of dishonest is the mental element of belief. It does not matter whether the belief exists in law. Such as when babysitting, you cut your finger and take a plaster from your friends first aid box believing that they would consent if they knew about it. Appears to be aimed at where property is found in the street. If d genuinely believes that he cannot find the original owner by taking what he thinks are reasonable steps then he does not dishonestly appropriate the item and is not guilty of theft.
