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Theft Law

Theft and Stealing

Theft and stealing (larceny), is that the act of the unauthorised removal of another’s property, with the intention of permanently depriving the owner of it. Larceny differs from robbery within the incontrovertible fact that it's generally non-violent in nature.

Stealing Law

The offence of theft and stealing are governed by Crime Act 1900 (NSW). There are several acts defined by the law that constitutes this offence. Stealing includes the taking, extorting, obtaining, embezzling, or otherwise removing the property in question. (Section 187, Crimes Act 1900)

How theft is committed

Under the Crimes Act 1900 (NSW), if an individual deals with property dishonestly, without the owner’s consent and meaning to deprive the owner of their property, or make a significant encroachment on the proprietary rights of the owner, then they're guilty of theft.

From the above definition, certain elements must be present so as to finish the offence of stealing under the law. the weather of the offence are the following:

  1. the property must be owned by another person;
  2. the property must be taken and over excited by the accused; and
  3. the taking must without the consent of the owner

There are additional elements that relates to the psychological state of the accused at the time of the taking. The taking must be with the intention to deprive the owner of the property permanently. Further, it must not be by virtue of a claim in straightness by the accused over the property which the taking was made dishonestly. Thus, if the abovementioned elements are present, an offence of stealing is committed.

Does it matter if the accused wants to return the stolen property?

There could also be times that in the trial the accused want to return the property taken or appropriated. The intention of the accused to return the property, however noble it's , won't have the effect of his acquittal as long as all the weather of the offence are duly proven. this is often because the offence has already been committed. Thus, it'll not exonerate him by returning the transferred property .

Under this law, encroachment on proprietary rights means the property is addressed during a way that makes a considerable risk that the property won't be returned to the owner, or that the worth of the property are going to be greatly diminished when the owner does catch on back. Also, where a property is treated because the defendant’s own property to eliminate , disregarding the particular property owner’s rights.

Other forms

A person is additionally susceptible to a charge of theft where a property has unlawfully inherit his or her possession. an honest example is when an individual has bought an item, knowing that the worth of the item is far but usual, and discovers that the item has been stolen from another person. it's going to be reasonable to assume that the person receiving the item had knowledge that the item may are stolen.

The misuse of powers by an agent or trustee (or similar power) to realize from the sale of property, or interest earned from the misappropriation of property, can also be considered theft.

Whosoever receives any animal, unlawfully killed, with intent to steal the carcass, or skin, or another part thereof, knowing an equivalent to possess been so killed, or receives, or disposes of, or attempts to eliminate , any a part of an animal so killed, or of an animal unlawfully stolen, knowing it to possess been so killed approximately stolen, shall be guilty of a significant indictable offence, and should be indicted and punished as if the animal had been stolen, and therefore the accused had unlawfully received an equivalent . (Section 190, Crimes Act 1900)

The penalty

In NSW, an individual found guilty of the offence of stealing during a dwelling-house shall be responsible for imprisonment for seven years. However, there are aggravating circumstances that make the penalty above usual. If the offender steals any chattel, money, or valuable security, from another person, shall be susceptible to imprisonment for twenty years if in doing so he uses corporal violence on a person or intentionally or recklessly inflicts actual bodily harm on a person , or deprives a person of his or her liberty. (Section 95, Crimes Act 1900)

A person who receives a transferred property knowing it to be a transferred property , the stealing thereof amounts to the intense indictable offence, shall likewise be guilty of a significant indictable offence which suggests that he may either suffer imprisonment 10 years or 12 years counting on the type of property involved within the stealing.

For someone who may be a first time offender, the penalty is probably going to be an honest behaviour bond for 12 months.

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Aoife O'Donohoe

Aoife O'Donohoe

Solicitor | Sydney