Minor theft

Question 1

what are the elements of theft

Answer 1

the accused took property belonging to another, the accused took the property with the intention of permanently depriving the other of it and the accused acted dishonestly

Question 2

how to prove that the accused took property belonging to another

Answer 2

the prosecution must prove that the accused took someone else’s property, meaning they took and assumed the rights to control and possess this property

Question 3

how to prove the accused took the property with the intention of permanently depriving the other of it

Answer 3

the prosecution must establish that the offender intended to permanently deprive the owner of the property

Question 4

how to prove that the accused acted dishonestly

Answer 4

the prosecution must prove that the accused acted dishonestly

Question 5

what are possible defences for theft

Answer 5

subjective belief, inability to obtain the permission of the owner and claim of right

Question 5

how to prove inability to obtain the permission of the owner

Answer 5

the owner of the property that was taken cannot be discovered, even though reasonable steps were taken

Question 5

how to prove subjective belief

Answer 5

that the appropriation of property was not dishonest because the accused believed they had a legal right to deprive the other person of the property

Question 5

how to prove claim of right

Answer 5

that the accused genuinely believes that they have a bona fide (authentic) legal right to the property they are accused of stealing from another person

Question 6

what is the impact of minor theft

Answer 6

can cause victims great distress, can reduce communities trust in others and can humiliate accused to society and affect their future chances at employment and study