Applicable to the following sections
Theft over $5000 – Section 334
Theft under $5000 – Section 334
Theft of Motor Vehicle – Section 333.1
Theft of Electricity, Gas or Telecommunications – Section 326
- How is the accused identified as the one who took the property?
Information about the Stolen Property
- Who is the owner?
- How did the owner identify the property?
- What is the value of the property? How was the value determined?
- Where is the property now?
- If the property has been returned to the owner did you
- Photograph the property
- Get a receipt or affidavit from the owner
Condition of Property
- What was the condition of the property prior to the theft?
- What was the condition of the property upon its recovery?
- Estimated cost of damage?
If the Stolen Property is a Motor Vehicle – Section 333.1
- The Property fits the definition of Motor Vehicle in Section 2
Information About the Crime and the Accused
- Describe how the accused had possession and/or use of the property (Legal Issues re Possession)
- Did the accused possess the ability to pay upon arrest (shoplifting)
- Did the accused possess tools or equipment used for the theft
Intent (Theft is a specific intent offence)
- Evidence that the accused intended to steal, and did not just forget
- The accused did not offer to pay
- The accused did not have permission to take the goods
- The accused does not have legal claim to the property (colour of right)
- The accused’s level of intoxication by drug or alcohol
- Intoxication is a defence to theft
Statutory Wording for Theft
Keywords: MV, veh