ABSTRACT

Inferences 1-3 taken together seem to strongly indicate that Anna took the book out of the store. This appears enough to prove the physical act (actus reus) of theft at the level of evidence, that is, at the level of factual analysis. However, crimes usually require a mental element, the mens rea. This is a good moment to look at s 1 of the Theft Act 1978 and consider these issues of the actus reus and mens rea. The mental element required to prove theft is an intention to permanently deprive the true owner of the item stolen.