Stealing

Question 1

Stealing Section Definition and Elements

Answer 1

Section 371

1) A Person;
2) Fraudulently;
3) Takes or Converts;
4) Anything capable of being stolen.

Question 2

Fraudulent Intents

Answer 2

a) “An intent to permanently deprive the owner of the thing or property or any part of it”.
b) “An intent to permanently deprive any person who has any special property in the thing (or property of such special property)”.
c) “An intent to use the thing or property as a pledge or security”.
d) “An intent to part with it on a condition as to it’s return which the person taking or converting it may be unable to perform”.
e) “An intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of taking or conversion”.
f) “In the case of money, an intent to use it at the will of the person who takes or converts it although he may intend to afterwards repay the amount to the owner.”

Question 3

Fraudulent Conversion

Answer 3

An innocent appropriation followed by a fraudulent dealing. (One of the six fraudulent intents)

Question 4

TAKES OR CONVERTS

Answer 4

Section 371(6) Criminal Code

Any degree of movement (asportation) is sufficient to fulfil a taking. Providing it moved with one of the six fraudulent intents.

Question 5

DEFINITION OF PROPERTY

Answer 5

Section 1 Criminal Code:
“ The term property includes real and personal property and everything animate or inanimate capable of being the subject of ownership.

Question 6

STEALING PENALTY

Answer 6

Section 378 CC provides that
– “Any person who steals anything capable of being stolen is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 7 years.”

Question 7

Elements of Steal Motor Vehicle and Section

Answer 7

A person who unlawfully
a) Uses a motor vehicle; or
b) Takes a motor vehicle for the purposes of
using it; or
c) Drives or otherwise assumes control
Without the consent of the owner or person in charge of that motor vehicle
370A CC

Question 8

ASSAULT WITH INTENT TO ROB

Answer 8

Section 393 Criminal Code.
• Any person;
• Intention to Steal;
• Uses or threatens to use violence;
• To any persons or property;
• In order to obtain thing intended to be stolen or overcome resistance.