The eight (8) required proofs to sustain an offence of larceny/theft.....
1. The defendant.. (i.e. the person, properly identified, who has been accused)
2. ...took... (i.e. clutched, grabbed, took hold of, etc)
3. ...and carried away... (i.e. 'asportation' - any discernable movement. Taking something with the intent to steal it, then putting it back immediately, is STILL stealing)
4. ...property... (tangible goods or items. e.g. 'Land' is not 'property' that can be stolen)
5. ...of another..(an identifiable owner. e.g. You can't be convicted of stealing abandoned property like a car. The owner may be a custodian e.g. Qantas, Australia Post, dry cleaner, etc)
6. ...without their permission...
7. ...without claim of right... (e.g. you cannot steal jointly-owned property or something that is proven to be yours or permitted to be in your possession); and
this is the kicker !....
8. ...with felonious intent.
ALL EIGHT PROOFS MUST BE MET. ALL OF THEM. Good luck proving numbers 6, 7 and 8 !!!!!!! This has a VERY profitable lawsuit written all over it !!! I hope he sues the pants off them.
Last edited by captaindejavu; 25th July 2006 at 07:46.