Smith and Hogan's Criminal Law

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Scenario questions: self-test questions based on scenarios are available for each chapter, contributed by Chaynee Hodgetts. the assumption of any one of the owner’s rights in the property is an appropriation of the property This new edition has been significantly revised to focus wholly on the coverage needed by undergraduate readers

related to the particular facts; no to be interpreted as watering down s 1; ‘interpret the section inall 3 questions answered affirmatively – first two in Gomez, third in Hinks 19.3.1 Assumption of ‘a’ right: Morris However, it was assumed that he was committing offences of manufacturing and storing explosives contrary to the Explosives Act 1875. The court agreed with the Court of Appeal in N. Ireland in Fegan [1972] NI 80, that possession of a firearm for the purpose of protecting the possessor may be possession for a lawful object, even though the possession was unlawful, being without a licence. to another with the intention of permanently depriving the other of it; and ‘thief’ and ‘steal’ shall be

If however the defendant’s alleged belief was mistaken and if the mistake was an unreasonable one, that may be a powerful reason for coming to the conclusion that the belief was not honestly held and should be rejected. s 1(1) Theft Act 1968: ‘A person is guilty of theft if he dishonestly appropriates property belonging this substitution has led to an important change in the law – possibly influenced by the misleading n 313) (p904) 19.4.2 Belief that the person to whom the property belongs cannot be discovered by taking reasonable stepsIn R v Hussey (1924) 18 Cr App R 160, the defendant was barricaded in his room while his landlady and some accomplices were trying to break down his door to evict him unlawfully. The defendant had fired a gun through the door, and wounded one of them. He was acquitted of the wounding charge on the grounds of self-defence. It was stated that it would be lawful for a man to kill one who would unlawfully disposes him of his home.

court rejected any distinction between the test of dishonesty in different offences – same principle A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.”

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result of Hinks is that recipient of a valid gift may now be guilty of stealing it, provided that jury is