Johnson opened a bank account at a local branch of a national bank. By mistake, he was given an account number that had been assigned to a lawyer, but had not been used for over a year. The lawyer then made four deposits of $1,500 each, which were credited to Johnson's account. When Johnson discovered the money, he immediately withdrew it and spent it. Should Johnson be charged with theft? Explain. (1 mark) 9. R v Picard The accused was charged with robbery. He had snatched a purse from a woman who was strolling down the street. The evidence was that her purse was grabbed so quickly that she could offer no resistance. She was apparently not hit or pushed at the time her purse was taken. Has there been a robbery in this case? Explain. (1 mark) 10. Roy wants to rob the XYZ Corporation warehouse. Roy conspires with Karen, an employee, to leave the door unlocked and the alarm system shut off. That night, Roy enters the warehouse and is arrested while loading stolen goods into a truck. Is this break and enter, theft, both, or some other offence? Explain. (2 marks) CLU 3M1 Name Offences Against the Rights of Property Questions 1. State two ways the offence of theft can occur. (2 marks) 2. Explain why joy-riding is a special kind of theft. (1 mark) 3. Describe the difference between theft and robbery. (2 marks) 4. 5. What is required for the offence of break and enter besides breaking into a place? (1 mark) Explain the doctrine of recent possession. (1 mark) 6. Why is break, enter and theft from a home considered more serious than break, enter and theft from a non-residential building? (1 mark) 7. At what point in time is the offence of theft committed? (1 mark) Possession of Stolen Property Having possession of property that you know has been stolen or ought reasonably know it was stolen ALL GOODS LOCALLY SOURCED Doctrine of Recent Possession If a person has come into possession of goods that were recently stolen, the accused is given the opportunity to explain how he/she came by these and the judge/jury must decide if this "could reasonably be true". Do not have to prove story. Max 10 years if good are valued at over $5,000 Under $5,000 the max is 2 years or summary conviction Theft with force or threat of force Stealing from a person while armed with a weapon or intimidation Max is life If firearm is used the punishment is four years to life Break and Enter "break" means to break any part, internal or external, or to open anything that is used or intended to be used to close or to cover an internal or external opening Enters with any part of the body or object With the intent to commit an indictable offence once inside If the offence is committed in relation to a dwelling house - max life If offence is committed in a place other than a dwelling - max 10 years or summary conviction Joyriding s. 335 - Every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or causes it to be driven, used, navigated, or operated is guilty of an offence punishable on summary conviction Not considered theft as the person who takes the property uses it and then abandons it in such a way that the owner is able to recover it Robbery 343 Every one commits robbery who (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property; (b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person; (c) assaults any person with intent to steal from him; or (d) steals from any person while armed with an offensive weapon or imitation thereof. Knowingly taking something that belongs to someone else Theft by conversion - borrowing an item and refusing to give it back Colour of Right an honest belief that you had a legal right to the property this is not theft Hybrid offence - theft over $5,000 - max 10 years - Theft under $5,000 - max 2 years - Or summary conviction Credit card theft - max 10 years Offences Against the Rights of Property Theft 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person..... with intent (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it; (b) to pledge it or deposit it as security; (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted. (2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable. (3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment. (4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.