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If the answer to this second question is âyesâ then the element of dishonesty has been proven by the prosecution and the defendant can be convicted for theft if the other elements of actus reus and mens rea can be proven also. So both questions must be affirmed by the jury to prove the defendant had been dishonest...
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This is because âthe element of dishonesty surrounds the question of whether conduct with property is or is not theft and should not be left to the standards of the jury which do varyâ.
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