What you need to know about Theft?

You commit theft if you deprive somebody of their property permanently, or otherwise seriously encroach on their ownership rights to that property, and you do so dishonestly and without the owner’s consent. Theft also occurs if you receive stolen property from another person, however if you honestly believe that you have acquired title to property and it turns out there is a defect in the transferor’s title then you will not have committed theft.

Theft-related offences include:

• obtaining by deception
• burglary (entering someone else’s land or property intending to steal something, damage property or assault someone)
• robbery/armed robbery
• going equipped to steal
• handling stolen goods
• receiving stolen goods.

What are the possible defences to a charge of Theft?

1. Intention to permanently deprive

It can be a defence to theft if the intention to permanently deprive the owner of property was not formed at the time the property was taken. There must be some element of dishonesty to the taking of the property: R v Weatherstone. It is not enough for property to be taken, and then the intent to permanently deprive being formed afterwards.

2. Claim of right

It may also be a defence if you believe that you have a claim of right to the property. You would need to show that you genuinely and honestly believed that you had a legal entitlement to the property taken. It must also be a belief that you were entitled to the entire property taken and not merely part of it.

If you have been charged with Theft and would like to find out more about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an interview.

Alternatively, you can book an online consultation with us via this link: https://straits-lawyers.square.site/product/online-consultation-/11?cs=true

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.