Act 9
Penal Code Act
2008
uses any electricity, electric current or tap water, commit
the offence of theft, and upon conviction, shall be
sentenced to imprisonment for a term not exceeding five
years or with a fine or with both.
(2) For the purposes of subsection (1), above, a person is said
to cause a thing to move, by removing an obstacle which
prevented it from moving or by separating it from any other
thing as well as by actually moving it.
(3) For the purposes of subsection (1), above, “consent” may
be expressed or implied and may be given either by the
person in possession or by any person having for that
purpose authority either expressed or implied.
Illustrations—
(a) “A” meets a camel carrying merchandise. He or she
drives the camel in a certain direction in order that he
may dishonestly take the merchandise. As soon as the
camel begins to move, “A” has committed theft of the
merchandise;
(b) “Z” going on a journey entrusts jewellery to “A” until
“Z’s” return, “A” carries the jewellery to the market
and sells it. Under these facts, the jewellery was not in
“Z’s” possession. It could not therefore be taken out of
“Z’s” possession and “A” has not committed theft,
though he or she may have committed criminal breach
of trust;
(c) “A” sees a ring belong to “Z” lying on a table in
“Z’s” house. Not venturing to misappropriate the ring
immediately for fear of search and detection, “A”
hides the ring in a place where it is highly improbable
that it will ever be found by “Z”, with the intention of
taking the ring from the hiding place and selling it
when the loss is forgotten. Under these facts, “A” at
the time of first moving the ring commits theft.
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