Stealing s 391
A person will be guilty of stealing if they fraudulently take or convert anything capable of being stolen. It must be proven that one of the fraudulent intents under s 391 existed at the time. The most common intent is to permanently deprive the owner of the thing. An intention to permanently deprive may be inferred by the way the person deals with the property.
For example, where a person is willing to sell something for much less than it is worth may be evidence that the property is stolen. There are a number of defences to this offence, including that the accused had the consent of the owner.
The punishment for stealing is a maximum term of 5, 10 or 14 years imprisonment.
Stealing is a basic offence which is made more serious depending on the value of the property and other aggravating circumstances.
This offence can be dealt with in the Magistrates Court in certain circumstances.
Written by Brendan J Beavon – Solicitor
Russo Lawyers – 1800 558 533