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Section 9(1)(b) of the theft act 1968 specifies an offence of entering as a trespasser and then taking or damaging things from a building. Does conviction for this offence require a demonstration of mens rea? Or is it a strict liability thing, where the mere acts are themselves enough?

TylerDurden
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1 Answers1

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Mes rea is inherent in the definition of theft

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

Dishonestly is a state of mind that the prosecution must prove.

Dale M
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