Theft Flashcards
Theft
s.322(1)
Everyone commits theft who:
- fraudulently and without colour of right TAKES or,
- CONVERTS
- to his use or to the use of another person
- ANYTHING, whether animate or inanimate
- with INTENT
- to deprive, TEMPORARILY or ABSOLUTELY
- the OWNER of it
- a person who has SPECIAL PROPERTY OR INTEREST in it
- of his property or interest in it
Colour of Right
an honest belief in a set of facts or circumstances that if they actually exist constitute LEGAL justification or excuse
When is theft complete?
a person commits theft when WITH INTENT to steal anything
- he moves it
or
- causes it to move or to be moved
or
- begins to cause it to become moveable
Purpose of Taking
it does not matter why you are taking it
Punishment for Theft
if property is a testamentary instrument (a will/documents of will) or value of property is over $5000
- an indictable offence - not more than 10 years - an offence punishable on summary conviction
If value of property is less than $5000
- an indictable offence - not more than 2 years
- an offence punishable on summary conviction
Theft of Motor Vehicle
Everyone who commits theft is, if the property STOLEN IS A MOTOR VEHICLE, guilty of an offence and liable
a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, minimum 6 months imprisonment for a third or subsequent offence
b) on a summary conviction, to imprisonment for a term of not more than 2 years less a day
Take Motor Vehicle/ Vessel without Consent
Everyone
- WITHOUT CONSENT OF OWNER
- takes a mv/vessel
- intent to drive/use/navigate/operate or
- cause it to be driven/used/navigated/operated or
- is an OCCUPANT KNOWING it was taken without consent (finds committing only)
Exception for Occupant
- does not apply to an occupant if they become aware
- that the MV or vessel was taken without consent
- they ATTEMPTED TO LEAVE, where feasible or
- ACTUALLY LEFT the MV or vessel
