SQE1 sample questions

Question 88

A man works in a large office building. Next to the building is a bicycle shed used for the storage of bicycles belonging to people working in the building.

The man has noticed an old bicycle that has been in the bicycle shed for several months and appears not to have been moved. The bicycle is not secured and the man thinks it has been abandoned by its owner.

The man has a friend who restores bicycles. The man decides to take the bicycle and give it to the friend free of charge so the friend can make use of it.

The man believes that he has a moral right to take the bicycle as it appears to have been abandoned. He makes no attempt to discover the owner of the bicycle because he believes that the owner cannot be discovered by taking reasonable steps to do so. The man also believes, wrongly, that ordinary decent people would not consider it dishonest for him to take the bicycle in these circumstances.

The man takes the bicycle and offers it to the friend. The friend does not want the bicycle and tells the man that the man’s actions might amount to theft. The man is worried and returns the bicycle to the same place in the bicycle shed.

Which of the following facts prevents the man from having the mens rea necessary for theft when he takes the bicycle?

A. He believed that ordinary decent people would not consider his taking the bicycle in these circumstances to be dishonest.

B. He believed that the owner of the bicycle could not be discovered by taking reasonable steps to do so.

C. He believed that he had a moral right to take the bicycle as he thought the bicycle had been abandoned.

D. He did not intend to permanently deprive the owner of the bicycle as he returned it to the bicycle shed.

E. He did not intend to make a gain for himself as he intended to give the bicycle to the friend free of charge.