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“Dishonesty” is one of two elements required for the mens rea of theft, with the other being an intention to permanently deprive the owner of their property. The Theft Act only provides a partial definition of dishonesty, leaving some discretion to the courts. The statutory definition contained in section 2(1) gives examples stating three situations of what is not dishonest. These are “if the defendant appropriates property in the belief that he has the right to deprive the other of it;” or “if he appropriates the property in belief that he would have the other’s consent if the other knew of the appropriation and circumstances of it;” or “if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps”...
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