Stealing
Under s 391:
(1) A person who fraudulently takes anything capable of being stolen, or fraudulently converts to the person’s own use or to the use of any other person anything capable of being stolen, is said to steal that thing.
(2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if the person does so with any of the following intents, that is to say—
(a) an intent to permanently deprive the owner of the thing of it;
(b) an intent to permanently deprive any person who has any special property in the thing of such property;
(c) an intent to use the thing as a pledge or security;
(d) and intent to part with it on a condition as to its return which the person taking it or converting it may be
unable to perform;
(e) an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the
time of the taking or conversion;
(f) in the case of money—an intent to use it at the will of the person who takes or converts it, although the
person may intend to afterwards repay the amount to the owner.
Receiving stolen property
A person who receives tainted property, and has reason to believe it is tainted property, commits a crime’ (s 433). To constitute receiving, ‘it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his or her possession, or has aided in concealing it or disposing of it’ (s 433(2)).
The Criminal Code provides far more substantial penalties for receiving than stealing. A person who steals (if no
other punishment is provided) is subject to a maximum of five years’ jail, while a person convicted of receiving stolen property can be subject to a maximum of seven or fourteen years’ jail (s 433).
Breaking and entering offences
Sections 419 and 421 set out the various offences of breaking and entering. The penalties vary from 10 years’ jail to life. Section 419 relates to entering or breaking and entering dwellings, while s 421 relates to entering or breaking and entering premises. A ‘dwelling’ can include a caravan or motel unit.
Wilful and unlawful damage
It is an offence for any person to wilfully and unlawfully destroy or damage any property (s 469). The maximum
penalty is five years’ jail. There is no longer any distinction between whether the offence is committed during the day or night, but this may be reflected in any penalty imposed.