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. 149

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