2.7.1B defences to theft

• defences to theft

  • mental impairment
  • involuntary actions
  • duress
  • sudden and extraordinary emergency
• mental impairment

  • Due to their mental illness they didn’t know what they were doing

  OR

  • They did not know the conduct was wrong
• involuntary actions

  • intoxication
  • automatism
• duress

  • If the person has a reasonable belief that a threat of harm exists, the threat would be carried out if the theft wasn’t committed and committing the offence is the only reasonable way to avoid harm.
• duress

  • The persons conduct must be a reasonable response to the threat
• Sudden and extraordinary emergency

  E.g. someone runs into a hardware store to grab a fire extinguisher to put out a fire, but doesn’t pay for it (steals it) in the process.