Criminal liability



Dagar was in a sports shop changing room, trying on a £95 tracksuit. Dagar noticed a wallet on the floor. The wallet was green and black with a skull motif on the back. Dagar picked up the wallet and discovered a £50 note inside. There were no other contents in the wallet. Dagar took the money and left the wallet on the floor of the changing room. Dagar took the tracksuit to the cashier and paid for it using the £50, and another £50 note that he already had in his wallet. The cashier gave Dagar his change, and he quickly left the shop.

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The next morning, Dagar borrowed a saw from his neighbour; Vlad, in order to cut some branches off of a tree in his garden. That afternoon Dagar watched a martial arts movie, and it inspired him to practise the moves. Dagar pretended that the saw was a samurai sword, and he deliberately hit the sword on his concrete yard, pretending he was killing a warrior. As a result, half of the blade broke off. Dagar retuned the saw to Vlad, who was furious.

The owner of the wallet, Victor, went back to the shop and said he must have dropped his wallet in the changing room. The shop manager viewed the CCTV footage and witnessed Dagar take the money and use it to buy the tracksuit. One of the shop assistants recognised Dagar and knew where he lived.

Discuss Dagar’s criminal liability (if any) for theft.


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