Theft: Flashcards
What are the two key terms we need to understand for theft:
Fraudulently:
“acting KNOWINGLY against the owner’s wishes that the taking was done INTENTIONALLY, under no MISTAKE and with the knowledge that the thing is PROPERTY of the owner”
Colour of Right:
“An assertion (claim) of property or possessory right to the thing which is the subject matter of the alleged theft
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 movable.
When it comes to a shoplifter, to substantiate the charge of theft, what do you need?
Obtain a statement from the accused
No attempt to pay for while passing all manned cashiers
No means to pay (cash, credit or debit card)
What do we need to substantiate a charge of Possess Property Obtained by Crime:
Must be in possession of the property
Knowledge that the property/proceeds was obtained by the commission of an indictable offence
