Offences against Property - Theft Flashcards
S 378 PC ingredients?
AR:
Moves that property in order to such taking.
MR:
Intending to take dishonestly.
What is movable property?
S 378 PC Explanation 1: Property becomes movable property the moment it is severed from the earth.
Immovable property is not the subject of theft.
S 23 PC
Definition of Wrongful Gain and Wrongful Loss.
Gain and loss are explained in Explanations 2 and 3.
S 24 PC
Definition of Dishonestly.
Includes Reasonable Man Standard.
AR: Moves
PP v Ramiah [1959] MLJ 204
3 Ds broke into V’s living room and removed a trunk containing a large quantity of property. Trunk with its contents found in the possession of D1. D1 removed the property because he thought that if he kept it for a few days, V would repay the debt. He had no intention to steal. The defence of the other Ds was that they thought the property belonged to D1 and assisted him to remove it.
Held: Need not have an intention to permanently deprive V; it is sufficient that he takes goods in order to keep the person entitled to the possession of them out of their possession for a time.
MR: Intention to take dishonestly
Mustaza bin Abdul Majid v PP [2004] SGHC 18
D took a carton. D was still within the premises of the supermarket when he was apprehended.
Held: No consent and there was dishonest intention.
Per Explanation 5 of s378 PC, consent can be express or implied (i.e. shopkeeper consents (at least impliedly) to customers taking and holding items in supermarket).
But HC took the view that it is not necessary that the item left the premises without being paid for in order to constitute theft, although it would be sufficient.
Dishonest intention is to be inferred from the conduct of D and the surrounding circumstances.
Ability to pay does not negative an intention to steal but an inability to pay would strengthen to finding of dishonest intention.
