JSB171 Lecture Notes - Lecture 1: Pawnbroker, Regulatory Offence, Bailment

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The offence is created and punished in s398(1) cc. Prosecution must prove all elements beyond reasonable doubt and the punishment is 5 years imprisonment but can be increased if aggravated. Aggravated stealing: life imprisonment if the thing stolen is a testamentary instrument (s 398[1]) 14 years" imprisonment if the thing stolen is a firearm (intended for use in the commission of an indictable offence) or a vehicle (s 398[12], [14]) Write: [item stolen] is property capable of being stolen as it is [moveable/capable of being made moveable]: s390 cc. Capable of being made moveable: billing v pill [uk] (dismantled army hut that was bolted to concrete thus attached to realty = made moveable). Money in bank (previously unable to steal as money was a chose in action: croton) however now under new s1 definition of property, can be stolen. Identity of actual owner need not be known: r v mckiernan (original owner unknown); r v flood (dead owner)

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