Upon his arrest in his home, the Police found out that he had been cultivating cannabis in his back yard. The man will face his theft offence and drug offence before the Rockingham Magistrate Court.
The WA Law under Section 378 provides that any person who steals anything capable of being stolen is guilty of a crime. Furthermore, Capable of being stolen is defined as any moveable property belonging to a person. A stationary property is capable of being stolen if it is made to be moveable in order for it to be stolen. Any animal, domestic or not, wild or tame, which belongs to another person is also capable of being stolen.
Stealing under the Criminal Code means fraudulently taking other person’s property which is capable of being stolen or fraudulently converting something for the offender’s own use. It is provided that a person fraudulently takes or converts property capable of being stolen under any of the following circumstances:
The Police, in order to successfully prosecute the offender of the crime of stealing must prove that the accused took something that is capable of being stolen; that the said property belongs to another person; that the accused took them fraudulently; and that he intends to steal the property and permanently deprive the owner thereof of its use.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.