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Basic definition of theft
1968, c. 60, 1. 1.
"Dishonestly". 1968, c. 60, 16 2.
"Appropriates". 1968, c. 60 1. 3.
(2) Save as otherwise provided by this Ordinance, this Ordinance shall have effect only in relation to offences wholly or partly committed on or after the commencement thereof.
(1) A person commits theft if he dishonestly appro- priates property belonging to another with the intention of per- manently depriving the other of it; and "thief" and "steal" sball be construed accordingly.
(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief's own benefit.
(3) Sections 3 to 7 shall have effect as regards the interpreta- tion and operation of this section (and except as otherwise pro- vided by this Ordinance shall apply only for purposes of this section).
3. (1) A person's appropriation of property belonging to another is not to be regarded as dishonest-
(a) if he appropriates the property in the belief that he bas in law the right to deprive the other of it, on behalf of himself or of a third person; or
(6) if he appropriates the property in the belief that he would have the other's conscat if the other knew of the appropriation and the circumstances of it; or
(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
(2) A person's appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.
4. (1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it any later assumption of a right to it by keeping or dealing with it
as OWOET.
(2) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good
faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor's title, amount to theft of the property.
5. (1) "Property" includes money and all other property, real and personal, including things in action and other intangible property.
(2) A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that is to say--
(e) when he is a trustee or personal representative, or is authorized by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belong- ing to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him; or
(b) when he is not in possession of the land and appro- priates anything forming part of the land by severing it or causing it to be severed, or after it has been severed;
Or
(c) when, being in possession of the land under a tenancy, be appropriates the whole or part of any fixture or structure let to be used with the land.
(3) For the purposes of subsection (2)— "land" does not include incorporeal hereditaments; "tenancy" means a tenancy for years or for any less period and includes an agreement for such a tenancy, but a person who after the end of a tenancy remains in possession by virtue of any Ordinance or otherwise is to be treated as having possession under the tenancy, and "let" shall be construed accordingly.
(4) A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose.
(5) For the purposes of subsection (4) "mushroom" includes any fungus, and "plant" includes any shrub or trce.
"Property". 1968, 2, 60, 1, 4.
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