2.7.1A criminal offence - theft

• theft according to the crimes act 1958 - statute law

  A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. 
• actus reus of stealing

  • permanently depriving the other of it
  • property
  • belonging to another
  • appropriation
• permanently depriving the other of it means to not plan on giving something back
• stealing property can be physical things or confidential information. They property is either tangible or intangible
• Tangible personal property is physical property, usually movable, that has value and utility in and of itself
• belonging to another is property that belongs to anyone who has possession or control over it.

  property that is lost still belongs to the owner
• with the intention of permanently depriving the other over it means to take something from someone else
• mens rea of theft

  • dishonesty
• theft - dishonesty

  • they had no legal right to take the property
  • it doesn't matter if the accused was willing to pay for the property
  • if you assume the rights of an owner of the property without stealing it but you later decide to keep it, this is still theft
• appropriation of property is not considered dishonest if

  • they believed they had the right under law to deprive the other person of it
  • they believed they has the other persons consent
  • they believed the owner of the property cannot be discovered by taking reasonable steps
• robbery according to crimes act 1959

  A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear that he or another person will be then and there subjected to force.​
• robbery

  • theft plus force on any person or seeking to put fear in any person that they will be subject to force (a direct victim)
• burglary according to crimes act


  a person is guilty of burglary if he enters any building or part of a building as a trespasser with the intent to either

  • stay anything in the building
  • to commit an offence involving assault to a person in the building or any damage to the building itself