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Theft
Theft
What the Law states - Theft
72. Crimes Act - Basic definition of theft
(1) A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
(2) A person who steals is guilty of theft; and "thief" shall be construed accordingly.
Maximum Penalty for the charge of Theft
10 years' imprisonment
What the Prosecution must prove - Theft
1. that a person acted dishonestly in appropriating property
2. belonging to another person
3. intending to permanently deprive that other person of the property
Possible Defences - Theft
Factual dispute (ie do not agree with what is being alleged)
Ownership
Honest and reasonable mistake
Which court will hear the charge of Theft
Magistrates Court unless if the theft involves an amount which is less than $100,000, otherwise the County Court
