This course work will provide an overview of freeganism, followed by the key augments of Dr Thomas Sean article ‘Do Freegans Commit Theft’. It will analyse the element of theft according to the Theft Act, It will analyse the defence available to a Freegan charged with theft, it will also critically consider the fact that freegan are guilty of theft, because they take items belonging to another that is not abandoned, they deprive the owner of such items and that they are dishonest in their claim owing to the fact that they are not the rightful owner of the items. In conclusion this course work shall give overview of the key elements disused and also consider the impact of the Environmental Protection Act 1990.
Freeganism is reclaiming and eating food that has been discarded without paying for them. It is loosely characterized as an anti-consumerist movement. Most people became freegan to reduce the waste society produce especially supermarkets and to completely avoid the market economy where possible. The consideration of this course work is on bin-diving, which is where someone collects goods which have been disposed of as rubbish for personal consumption.
Definition of theft and it elements
Theft is defined by s.1 of the Theft Act it states: a person is guilty of theft if he dishonestly appropriate property belonging to another with the intention to permanently depriving the other of it. There are two elements of an offence namely the Actus Reus and the Mens Rea. Actus Reus refers to the physical element of the crime, these are element which does not relate to the accused state of mind (guilty act) while the Mens Rea deals with internal or fault element it indicate what state of mind the accused brought about the external element (guilty mind).
Dishonesty could be the course of an action and a state of mind. A person’s appropriation may be dishonest even with an intention to pay for it and also it is immaterial that...