New Zealand Law/Criminal/Theft

Definition

Dishonestly, or without claim of right:

(a) taking any property with intention to deprive an owner permanently of that property or any interest in that property;

(b) using or dealing with property with the intention to deprived any owner of that property or any interest in that property after obtaining possession of, or control over, the property in whatever manner.

Owner of Stolen Property

A person is regarded as the owner at the time of a theft if the person:

(a) is in possession or control of the property

(b) any interest in the property

(c) the right to take possession or control of the property (ie. has a present vested right).

Cases

R v Crooks

• Facts

1. P gave D stolen money and alcohol.
2. D said he assumed stuff stolen, intended to seek legal advice.

• Held

1. Criminal knowledge to same as common definition which implies certainty.
2. If person but doesn’t suspect because knows answer, actual belief = knowledge.

Dronjak v Police

• Facts

1. Store clerk rung up wrong price.
2. Def realised mistake.

• Held

1. Obtaining by false pretences - keeping quiet was a representation.
2. No theft because title passed.

R v Wilkinson

• Facts

1. Asked bank to lend money on machinery.
2. Forged documents to show partnership owned machinery.
3. Convicted of obtaining by false pretences but statute required thing to be capable of being stolen. The thing in this case wasn't pty but a right of demand.

• Held

Movable means physical, does not incl intangible.

R v Morunga

I like eggs

R v Kennedy