Sections 391 of the Criminal Code Queensland deals with the offence of stealing.
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The property is a thing capable of being stolen
- The thing is owned by the person names as owner in the indictment
- There was a taking without the consent of the owner. That is, the accused must have actually moved it or actually dealt with it by some physical act without the owner’s consent. The taking was with fraudulent intent. That is, with the intent to deprive the owner of the thing.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
- The accused obtained the property from any person “obtain includes to get, gain, receive or acquire in any way
- The accused induced any person to deliver property to any person
- The accused gained a benefit or advantage, pecuniary or otherwise
- The accused caused a detriment, pecuniary or otherwise to any person
- The accused induced any person to so an act which the person was lawfully entitled to abstain from doing
- The accused induced any person to abstain from doing an act which the person was lawfully entitled to do
- The accused made off knowing that payment on the spot was required or expected for property lawfully supplied or returned or any service lawfully provided
The action of the defendant must have been done dishonestly.
To prove the accused acted dishonestly the prosecution must prove that what the defendant did was dishonest by the standards of ordinary honest people and that the defendant realised that what he or she did was dishonest by those standards.