Crime CCXVI-Theft XXIV
With
exception of section 2 (1) of the Theft Act 1968 (exceptions to dishonesty),
whether a person’s conduct or actions are dishonest or otherwise is entirely
dependent on what he believed at the time i.e. subjective.
In
R v Holden (1991) the appellant worked for Kwikfit. He took some used tyres and
was charged with theft and convicted. The appellant argued that he was only
doing what other employees did and overlooked the fact that his employment
contract expressly forbade him or prohibited him from taking any used items.
The
conviction was quashed on appeal and it was decided that what amounts to
dishonesty or otherwise is dependent on what the defendant believed at the time
he committed the act.
Copyright
© 2019 by Dyarne Jessica Ward
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