Criminal Law Theft and Fraud

3708 Words Apr 21st, 2011 15 Pages
Criminal Law, 26/04/11, Dr.Filletti
Theft
No definition of the offence of theft; Carrara gives us a definition which has been taken up by our courts, “The malicious taking of an object belonging to others without the owner’s consent with the intent to make gain.” This is the definition which our court uses, our law simply creates one distinction for these offences. The law creates two types of theft: Simple Theft and Aggravated Theft.
Simple Theft:
First element is “contrectazio” this is the taking away, this element has 3 schools of thought: 1. Carrara: Says amozio (movement), as soon as you have movement of the object, or as soon as the offender lays his hands on the object and simply moves it the offence of theft is complete.
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Violence: Manzini writes that violenece doesn’t have to be addressed to the victim but against any other person present during the crime. This is because the fundamental element of aggravation and applies to all aggravations is that the aggravation must have facilitated the commission of the crime. This was established in Pulizija vs Emmanuel Testa, Testa was a bus conductor who was charged with violent indecent assault for having groped an 18 year old’s breast on a bus. Was charged with violent indecent assault aggravated by a public office, the fact alone that he was a bus conductor, as a public officer. But this position as a public did not facilitate the aggravation and the court agreed that it did not facilitate the crime. So he couldn’t get an aggravation because he was a public officer.
Our law speaks of bodily harm or threats of bodily harm, there must be real or perceived bodily harm. What is essential is that this threat must necessarily be an influence on the victim’s mind. Violence can be used against a thing in so far as it instils fear of further harm to one’s self. The violence and the threat has to be such that it instils fear into the victim.
Another form is violenza numerica , more than 2 thieves present themselves. By the term present themselves they don’t need to know they are all there, the victim has to know there are more than two they need not be in front of the victim. The rule is that you have to be
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