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Words: | Submitted: Wed Aug 27 2003
... of himself or a third person.' Section 2(1)(b) provides that it is not dishonest if a person 'appropriates the property in the belief that he would have the other's consent if the other knew of the appropriation and the circumstances of it'. Section 2(1)(c) provides that a person is not dishonest if he 'appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps'. In each case the belief does not have to be reasonable. Simply an honest belief will suffice. For example a belief that you could not trace the owner by taking reasonable steps is a sufficient defence, you do not actually have to take reasonable steps to find the owner. Thus it is a subjective question, it is your belief that is important, but you have to get a jury to believe it was an honestly held ...
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