Is the Relationship of Dishonesty and Appropriation in the Offence of Theft Free From Uncertainty?

Is the Relationship of Dishonesty and Appropriation in the Offence of Theft Free From Uncertainty?

Theft is defined in section 1 of the Theft Act 1968. Dishonesty is under section 2 of that act and it forms part of the mens REA for theft and Appropriation is under section 3 of the act and it forms part of the actus reus for theft. The problem is that there are many decisions made within these two areas on the law of theft which leads to a few uncertainties which I will be discussing in further detail in this essay.

Section 3 (1) states that appropriation is: “any assumption by person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.” The rights of an owner also include the right to sell property. An appropriation by assuming the right to sell is demonstrated by the case of Pitham and Hehl (1977). In this case the defendant sold his furniture belonging to another person and was held to be appropriation. The offer to sell was an assumption of the right of an owner and the appropriation took place at this point. It didn’t matter whether the furniture was removed from the house or not. Even if the owner was not deprived of the property the defendant had still appropriated it by assuming the rights of the owner to offer the furniture for sale. The right to destroy property is also an owner’s right.

The wording in section 3(1) is “any assumption by a person of the rights of an owner”. One problem that the courts have had to deal with is whether the assumption has to be all of the rights or whether it can just be any of the rights. This problem was considered in Morris (1983), whereby the defendant has switched the price labels of two items on the supermarket shelf. He had then put the item with the lower price tag in his basket and taken the item to checkout when he was arrested. His conviction for theft was upheld. Lord Roskill said that “it is the prosecution have proved… the assumption of any of the rights of the owner of the goods in question.” This case made it clear that there does not have to be an assumption of all the rights and therefore got rid of the uncertainty of whether the assumption had to be only one of the rights of the owner or all of the rights of an owner.

Consent to appropriation has been an area of law with has caused major problems. Most problems have surrounded the question of whether an item can be appropriated if the owner has given it to the person. The Theft Act 1968 does not state that the appropriation has to be without the consent of the owner. This point was considered in Lawrence (1971) in which an Italian student showed an address to the taxi driver and the journey should have cost him 50 pence but the taxi driver told him it was expensive so the student got out A�1 and still he said it wasn’t enough and so the taxi driver helped himself to another A�6. Both the Court of Appeal and the House of Lords held that there was appropriation in this situation.

The same point was again raised in Gomez (1993) and the effect of the decision in Gomez was that any removal of goods from a shelf in a shop is an appropriation. However, the complete offence of theft will only be committed if the person appropriating the goods has the required mens rea for theft. In this case the defendant, an assistant at an electrical shop was asked by the manager to supply goods (A�16,000) in exchange for two building society cheques that defendant knew were stolen. Defendant obtained authority from the manager to supply the goods. Defendant did not tell the manager the cheques were stolen and he had not checked with the bank as he was instructed to do.

It was Held that there was an appropriation even though he acted with the authority of the shop manager. Lawrence was the appropriate authority on the issue of appropriation. The consent of the owner was irrelevant in deciding whether an appropriation had taken place. The defendant was found guilty.

There was a problem with the decision in Gomez and it was that did the decision made in Gomez extend to situations where a person has given property to another without any deception being made and it was raised in the case of Hinks (2000). In this case the defendant a carer …

Controlled Substances

Controlled Substances

Illinois law recognizes numerous controlled substances. These substances include such drugs as prescription pills, steroids, cocaine and heroin. The penalties associated with drug possession vary greatly depending on the drug and the amount. Possession (PCS) of certain types of drugs or certain amounts of drugs may trigger mandatory sentencing provisions. Furthermore, a conviction for the manufacture or sale of drugs may result in extensive imprisonment and fines.

The Compiled Statutes of Illinois indicate that “it is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. However, it is recognized that persons who violate this Act with respect to the manufacture, delivery, possession with intent to deliver, or possession of more than one type of controlled substance listed herein may accordingly receive multiple convictions and sentences under each Section of this Act. To this end, guidelines have been provided, along with a wide latitude in sentencing discretion, to enable the sentencing court to order penalties in each case which are appropriate for the purposes of this Act.”

The best outcome for a person facing a controlled substance charge is to convince the prosecution to dismiss the case. However, if the prosecution is unwilling to dismiss the case, contacting a qualified Chicago criminal defense lawyer is the best option. They will review your case to determine whether a defense may apply. In most cases, the prosecutor must prove guilt beyond a reasonable doubt, so if an agreement cannot be reached with the prosecutor or judge, your criminal defense attorney will be properly prepared to take your case to trial.…

Ways in Which A DUI Attorney Can Help You

Ways in Which A DUI Attorney Can Help You

Even though almost everyone knows that drunk driving is a serious offense, there are many cases of DUI (Driving Under Influence) – rather, it’s on the rise! If you are not careful, you also might get arrested for such a crime. In such a situation, the best thing you can do is hire a DUI attorney. Such a professional will be able to help you in a number of ways to save you from heavy penalties.

If you ignore the importance of hiring a DUI attorney to represent you before the law in a case of drunk driving, you might face one or all of the following:

1. Being fined for what you have done 2. Being jailed for the offense 3. Heavy penalties and punishments 4. Losing your driving license 5. Bearing exorbitantly high car insurance premiums 6. And the worst is that you might get a criminal conviction on your records

What are the ways in which a DUI attorney can help?

1. Assessing and determining the importance of the case is the first step that every attorney takes. As you are guilty of driving under influence, it is important for a lawyer to examine all the facets of the case and determine if your case is defendable at the court of law. Primarily, the lawyer will investigate whether you are accused for valid reasons. The attorney will create and pose questions to challenge your arrest in the first place. There are various factors that are brought into considerations during such a case like – the severity of your condition, if you have made any accidents, or if you have violated traffic rules.

2. Secondly the DUI attorney will negotiate a plea before the law. If the evidences against you are too strong, they will appeal to the court and negotiate with the prosecutor to reduce your charges and punishments, which would not have been possible otherwise.

3. Preparing a defense at the court of law in a DUI case is the toughest task for a DUI attorney. You might have refused a blood test or a breathalyzer test, which might have complicated the case further. But, do not worry as an experienced lawyer will try and prove at the court that the arresting officer’s opinion and verdict is not enough to convict you.

4. One of the main ways in which a DUI attorney can help you is by preserving your driving license.

5. So have you been arrested and penalized for DUI case lately? If you are seeking the best DUI attorney, Salisbury, MD is the place, which has a few of the renowned law firms comprising lawyers specialized in dealing with DUI cases.…

Criminal Law: Consider the Top Reasons to Hire a Lawyer for Your Case

Criminal Law: Consider the Top Reasons to Hire a Lawyer for Your Case

If you have been accused of committing a crime, you need to defend yourself in order to avoid getting a record, paying fines, or even doing jail time. Though it is possible to represent yourself in court, most people doing so find themselves to be at a disadvantage since they do not know all the ins and outs of criminal law. Therefore, it is helpful to get a lawyer to assist in this process. Consider the reasons to get legal help.

You may do some research on your own about the legal process, especially regarding what you have been charged with. However, hours of research online or in books does not typically make up for a criminal law degree. Therefore, you will still have much less knowledge than the typical lawyer does, which gives you a much lower than average chance of winning your case. Do not risk going to jail or paying huge fines simply due to neglecting to hire an attorney to represent you.

There is bound to be plenty of paperwork and lots of meetings when it comes to your defense, whether you are representing yourself or hiring a lawyer. This means that there will be a lot of work for you to do, and having someone with your best interests at heart can help greatly. You may not fully understand the paperwork you have to do, and you might not remember every deadline or meeting time. Messing up any of these details can result in you losing your case, which can mean jail time, depending on what you are being charged with. An attorney can help you go through paperwork, making sure that it is legally sound first, and can also keep you apprised of deadlines and meetings.

During the process of defending yourself, you will find that there is no one available to help you, as it is the job of the offense to ensure that you are punished, and the job of the judge to try to remain neutral. This means that if you have questions or just need moral support, you will be disappointed since few people are willing to help you. Sometimes, having an attorney well versed in criminal law is worth it just for the answers and moral support, even if the case never makes it to court.

Clearly, there are various reasons to seek help from a lawyer. No matter what you have been accused of, having some legal help is advised. Not only will it help ensure that the outcome is favorable for you, but also that you feel supported and not alone throughout the whole process.…

Essential Facts About Criminal Lawyers

Essential Facts About Criminal Lawyers

Criminal lawyers can serve you different purposes. They can defend you when you commit a crime and they can also come in handy when you are wrongly accused. Criminal lawyers defend your rights in all ways, which is what they have been educated to do.

Murder, arson, robbery, assault, rape, embezzlement are only few examples of criminal crimes that you can be involved in to warrant a need for a criminal lawyer to save you from a prison sentence.

Before criminal lawyers can practice their profession, they have to endure many years of school and pass a very rigid bar exam. However, aside from just passing the bar, there must be other various other skills that they can boast of. To name some, criminal lawyers must have excellent skills in writing, communication, and listening. It is also important for them to be equally skilled in negotiation.

The prosecutor and the defense lawyers are the two types of lawyers that you will see around. The two have a common obligation to prove that their client is innocent and that the defendant is guilty. Although both types of lawyers entail the same education, they actually serve different purposes. It would be helpful to identify how the two differ from each other.

Individuals who defend clients who have been accused of committing a crime are called criminal defense lawyers. It is their job to counsel their clients on legal matters. They also give their clients opinions on what their chances are and offer them options on what way to go. They also advise their clients of the consequences of the choice they make.

Prosecutors on the other hand are those who try to prove the guilt of the defendant. They exhaust all possible means to show that the defendant is guilty: they gather evidences, prepare strong testimonies, and find means to create doubt in the mind of the jurors. Prosecutors can work on a number of cases at a time, or work in behalf of the government.

If you have committed a crime, you are in trouble with the law, and therefore need to find a good lawyer to represent you. There are different ways to successfully hire a lawyer. You can search for lawyers from the internet or the yellow pages. Going to court for a criminal case is a very serious matter. It is important for you to find somebody who is trustworthy, and experienced enough for you to win your case. One way to assess the capacity of the criminal lawyer you are intending to hire is to check out the number of wins and losses in their criminal cases.

It is crucial to hire the services of a criminal lawyer if you have been accused of a crime. In order for them to properly defend you, they have to hear your complete story. They will then assess the situation and determine the best course of action to take. They will work out a plan of action with you, and perform their ultimate job, which is to keep you out of a prison cell.…

The Criminal Law Attorney – Finding the Best

The Criminal Law Attorney – Finding the Best

Hiring a criminal law attorney can be expensive. Think about what you’re getting for your money, however. You hire an expensive mechanic and you’ll get your transportation back in working order. You hire an expensive maid service and you’ll come home to a clean house. Hire an expensive defense lawyer and it could be your very freedom you protect. The term “priceless” gets thrown around in a lot of situations where it isn’t strictly warranted, but this is one area where it really applies. That said, you need to make sure you get someone worth the money. Here are some factors to consider.

Time and Effort

You can learn a lot about a criminal law attorney in an initial consultation. This meeting isn’t only about explaining your case and letting a lawyer determine whether or not he wants the case. It’s also your opportunity to do some evaluation of your own. How eager does this guy seem to take your case? While you should be wary of anyone who talks like a walking advertisement, you should expect some measure of excitement and passion. You need a lawyer who will devote time and energy into your representation. If you get the feeling your case is not going to be a priority, you need to find someone else.

Recommendations

There is probably no better way to find a good criminal law attorney than through personal recommendations. Unfortunately, unless you run with others who have often been in trouble with the police, chances are you don’t have a large well from which to draw. It only takes one friend, relative, or acquaintance, however, to steer you in the right direction. If you’re serving time in jail while waiting for your day in court, you might find help from the other inmates. Of course, just because someone recommends a lawyer, it doesn’t mean they are actually any good. It will tell you more than an ad on TV, though.

Comfort Factor

You won’t read a review on a doctor without hearing about his bedside manner, or lack thereof. While there really isn’t an equivalent in the legal profession, it is important that you find a criminal law attorney you’re comfortable with. If you have a choice between two lawyers, both of whom are at the top of their profession, it may come down to personal rapport when making the choice. Even the best lawyer in the world will be difficult to deal with if you don’t get along. You need to trust and talk to your criminal law attorney. Make sure you find someone who fits the bill.…

Bachelor Degree in Law Programs

Bachelor Degree in Law Programs

A bachelor degree in law is an undergraduate degree that one is given once they have finished studying law in a university or an institution that offers the course. In the past, students had to study both civil and common law. In the present day, this has been seen to be less common. You will that some institutions however, will tend to offer alternatives to the common bachelor degree in law programs. In most countries that offer the law degree, the program can be entered after one has completed high school.

Countries that do not use this system are the USA and Canada. In Britain, you will find that the program will be given as a shorter duration course when one is doing the LLB. This will only be after a person has completed a previous undergraduate degree course. When this happens, it will be normally referred to as M.A. instead of L.L.B. In Australia, the study program for the L.L.B. can be done in two ways. The first way would be a graduate entry program which will require an individual to have a previous bachelor’s degree.

The other method is by joining a law degree program immediately after high school. Another method to do this would be to combine the two degree programs which might result in a longer studying time. For example, you can do a course that goes by the name B. Comm. / LLB which will mean that you are doing commerce and law at the same time.

In this instance, you will see that the studying time will vary from five to seven years which will be determined by the combination you are going to use. A bachelor degree in law can also be done in Canada. In this country, they use two types of law systems which are commonly referred as the dual system of laws. In Quebec, they use a civil system of law. As for the rest of Canada, you will find that the common law system will be used. This instance can be bale to help you choose which type of law you would like to study.

A common law degree program will tend to last for about three years. Once you have completed the program and graduated, you will have to get a license from the Law Society of the place you were studying in. A bachelor degree in law coupled with the licensing will mean that you are fully qualified to practice law.…