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THEFT - Coggle Diagram
THEFT
DEGREE OF ROBBERY
Attempt=S. 393 – 7 years below and fine
Preparation=S. 399 – 10 years below and whipping
Robbery=S. 392 – 14 years below and fine or whipping
Gang - Robbery=S. 395 – 20 years below and whipping
Gang – Robbery with murder= S. 396 – death or imprisonment 30 years below. Whipping
Voluntarily Causing Hurt=S. 394 – 20 years below and fine or whipping
Armed robbery=S. 397 – whipping and to be read with other section
Belonging to gang of robbers=S. 400 – 20 years below and whipping
Assemble for purpose of robbery=S. 402 – 7 years and fine or whipping
ELEMENTS UNDER THEFT :
SECTION 378 PENAL CODE
Intending to take dishonestly
Moveable property
Out of the possession of any person
Without that person’s consent
Moving the property
FORM OF THEFT (PENAL CODE)
S.379A – Theft of motor vehicle or any motor vehicle’s components or parts
S.380 – Theft in dwelling house
S.381 – Theft by employee (clerk/servant)
S.382 – Cause death or hurt to commit theft
Theft Act 1968
Consolidated the Larceny Act 1961.
Defined theft as the dishonest appropriation of property with the intention of permanently depriving the owner of it.
ROBBERY
Theft is robbery
Extortion is robbery
DEFINITION OF THEFT
Taking away property of others illegally.
Common Law of England (Larceny Act 1961)
Larceny was defined as the willful and wrongful taking away of goods belonging to another, against their consent, with the intention to deprive them permanently.
Malaysian Penal Code (Section 378):
For theft to be established, the following ingredients must be satisfied
Intention to take the property dishonestly.
The property must be movable.
The property must be taken out of the possession of another person.
The property must be taken without the consent of the owner.
There must be a removal of the property to effectuate the taking.