Criminal Law Theft Essay Example | Topics and Well Written Essays - 1000 words

Criminal Law Theft - Essay Example An appropriation of property would occur when a person assumes â€Å"the rights of an owner†3 and resorts to â€Å"keeping or dealing with it as an owner.†4 In Ria’s case the actus reus may be established, because (a) the property in question are the cards, because property would include â€Å"money and all other property, real or personal†¦Ã¢â‚¬ 5 (b) they belong to the manger and Sonia respectively, because they facilitate drawing on credit accounts in their respective names and are regulated by the Consumer Credit Act of 19746 (c) Ria has appropriated the cards and used them as if they belonged to her. It may not even be necessary to establish that the taking occurred without the consent of the owners.7 Even a temporary appropriation of property8 or accepting another’s property as a gift can amount to appropriation.9 Where the manager’s card is concerned, Ria cannot argue that because she is also a staff member, she has a right to use the card and is thereby not guilty of theft.10 Ria could try and use the defense of consent, i.e that the manager would have granted consent to use of the card11, but a taking, even with consent, still amounts to an appropriation12 especially if such consent was obtained through fraudulent means.13 In the case of R v Morris14 theft was established when price labels on the products were changed to allow the defendant to purchase the product at a lower price. In this case, Lord Roskill stated that the concept of appropriation also includes â€Å"an act by way of adverse interference with or usurpation† of the owner’s rights.15 This was later disapproved in the case of R v Gomez16 where the House of Lords stated that appropriation can occur even in a case where the owner has consented to allow possession of the property by another, if such consent has been obtained through false representation17. Ria would be criminally liable because it is not only actus reus but also the mens rea which can be