What constitutes the crime of theft under the Criminal Justice (Theft and Fraud Offences) Act 2001?

Prepare for the Irish Criminal Law King's Inns Entrance Test with detailed questions and answers. Master Irish criminal legal concepts and improve your exam strategy. Enhance your readiness for success!

The crime of theft, as defined under the Criminal Justice (Theft and Fraud Offences) Act 2001, is characterized specifically by the dishonest appropriation of property without the owner's consent. This definition emphasizes two crucial components: the necessity for dishonesty and the absence of consent from the property owner.

The act of appropriating property implies not merely the physical act of taking, but an intention to treat the property as one's own, which conveys a level of dishonesty if the owner has not consented to this appropriation. This highlights the element of intent, which is a fundamental aspect of criminal liability in theft offenses.

In contrast, the other choices do not fully capture the legal nuances of theft under the specified Act. For instance, taking someone's property without their knowledge may suggest theft but lacks the element of intent or dishonesty that is critical in defining the crime. Similarly, borrowing property without asking does not align with the definition of theft, as borrowing might imply intent to return the item, which does not fulfill the criteria for appropriation. Lastly, using someone else’s property with permission negates the possibility of theft entirely, as consent is a key element that distinguishes lawful use from criminal appropriation.

Thus, the correct answer reflects the legal

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