What the prosecution needs to prove
- The property or item described in the charge is a thing capable of being stolen.
“Anything that is the property of any person is capable of being stolen if it is:
(a) moveable; or
(b) capable of being made moveable even if it is made moveable in order to steal it.”
- The thing is owned by the person named as owner in the charge.
- The accused took the property or item 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 accused taking was with a fraudulent intent. That is with an intent to permanently deprive the owner of the thing.