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Words: 2,897 | Submitted: Mon Apr 28 2008
... to another, appropriation; mens rea elements-intent to permanently deprive, and finally dishonesty. I believe the final three elements mentioned above are the most problematic and I intend to demonstrate this through the use of case law, as well as with reference to the problems with the original legislation. Property is defined in section 4(1) of the Theft Act as including " money and all other property, real or personal, including things in action and other intangible property." Note: a person who holds a bank account in credit makes that bank account a thing in action, and is therefore property; Though somewhat complicated to understand, things in action appear to be well defined by the court and therefore appear not to impose many problems, at least with regard to their interpretation as a piece of property. Though the definition of property is very broad, it is qualified by the subsections within ...
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