Criminal Law Essay Example | Topics and Well Written Essays - 3000 words

Criminal Law - Essay Example rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner† shall be deemed as a violation of the law. The actus rios1 of this offense is complete when Edwin assumed the right of the owner or dealt with the property as if he is the owner thereof. On the other hand, the criminality of the act of Edwin can be determined by his motivation or the mens ria2. In this case, the motivation of Edwin is dishonesty. Note that in this case, Edwin wanted to enter into the casino but could not do so because he is still a minor. Since the owner of the identification card is already 21 years and is therefore eligible to enter inside the casino, he assumed the identity of the owner of the card. Furthermore, in he is also violating section 6(1) of the Fraud Act 2006 when he decided to use the identification card for the purpose of committing a fraudulent act. According to Section 6(1) of the Fraud Act 2006 is that â€Å"a person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.† Note that according to t his provision, the mere possession of a thing that is used for fraud which is in this case, an identification card of a student from Twospires University. Note that in R v Goodwin [1996]3, the defendant was found guilty of going equipped for theft when he carried Kenya shilling coins to play at an amusement park. The defendant here used the coins to gain access to the gaming machines. In the case of R v Landy (1981)4, the Court noted that when the deciding a case of theft involving deception or dishonesty, the â€Å"jury should be directed to look into the mind of the defendant† to determine whether the defendant is indeed guilty for dishonesty. According to the case of R v Greenstein (1975)5, in judging the state of the mind of the