Stealing is a very common criminal offence. You could be taking a stroll down the road and get your goods or property snatched in the process, or you could leave your valuable items in the confines of your house and discover that they have been stolen.
According to Section 383 of the Criminal Code, a person is said to steal a thing where he or she fraudulently takes anything capable of being stolen, or fraudulently converts to his own use or to the use of any other person anything capable of being stolen.
It will be deemed that a person stole a thing where:
1. He or she has an intent to permanently deprive the owner of a thing of that thing.
2. He or she has an intent to permanently deprive any person who has special property in the thing of such property.
3. He or she has an intent to use the property of another person as a pledge or security
4. He or she has an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform
5. He or she has an intent to deal with it in such a manner that it cannot be returned in the condition it was at the time of the taking or conversion
6. In the case of money, an intent to use it at the will of the person who takes or converts it although he may intend afterwards to repay the amount to the owner.
The taking of a property would be deemed as fraudulent even though it is done without secrecy, or no effort is made to hide such property.
Under Section 383(5), in a case where a property is found by an individual, and he does not know the owner or has reasonable cause to believe the owner of such property cannot be found, he would not be guilty of stealing that property.
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