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Chapter 5: Theft - Dishonestly, the beliefs in s.2(1)(a), s.2(1)(b), s…
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- the beliefs in s.2(1)(a), s.2(1)(b), s.2(1)(c) must be honestly held but they do not need to be reasonable beliefs
i.e. if accused honestly believed these things then he is not "dishonest" even if the reasonable person would not have believed them. Small 1988 Holden 1991
- hence, if person of limited intelligence really thinks that "finder are keepers" or that he'll never find the real owner, he may not be found dishonest under s.2 (1)(a) or s.2 (1)(c)
- in small 1988, was stated that if accused honestly believed that the car had been "abandoned" and that he wouldn't be able to find it's owner then he wasn't dishonest under s.2 (1)(c)
- in addition, if he believed he had right to take it then he isn't dishonest under s.2 (1)(a)
- Holden 1991 ex-employee of "Kwik-Fit" took tyres from their scrap pile. he claimed he genuinely believed the owners would have consented (given that consent had been given to others) & therefore was not "dishonest" under s.2 (1)(a) & s.2 (1)(b)
- his appeal conviction was successful because the trial judge had wrongly told the jury that his belief had to be reasonable
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