Editing Theft (section)

====Actus reus====
[[File:West Lavington, the Robbers Stone - geograph.org.uk - 1238637.jpg|thumb|left|The Robbers Stone, [[West Lavington, Wiltshire]]. This memorial warns against thieving by recording the fate of several who attempted highway robbery on the spot in 1839.]]

'''South Australia'''

Theft is defined in section 134 of the ''Criminal Consolidation Act'' 1935 (SA) as being where a person deals with property dishonestly, without the owner's consent and intending to deprive the owner of their property, or make a serious encroachment on the proprietary rights of the owner.<ref name="s134 Criminal Law SA"/>

Under this law, encroachment on proprietary rights means that the property is dealt with in a way that creates a substantial risk that the property will not be returned to the owner, or that the value of the property will be greatly diminished when the owner does get it back. Also, where property is treated as the defendant's own property to dispose of, disregarding the actual property owner's rights.<ref>{{cite web |title=Legislative Council, Thursday 26 July 2001 |url=https://hansardpublic.parliament.sa.gov.au/_layouts/15/Hansard/DownloadHansardFile.ashx?t=historicpdf&d=DHANSARD-4-1726 |website=Parliament South Australia |publisher=Government of South Australia |access-date=8 August 2020 |page=2090 |format=PDF |date=26 July 2001}}</ref>

For a basic offence, a person found guilty of this offence is liable for imprisonment of up to 10 years.

For an aggravated offence, a person found guilty of this offence is liable for imprisonment of up to 15 years.

'''Victoria'''

Theft is defined in the [[Crimes Act 1958|''Crimes Act'' 1958]] (Vic) as when a person "dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.".<ref name="s72 Crimes Act Vic">{{cite Legislation AU|Vic|act|ca195882|Crimes Act 1958|72}} Basic definition of theft.</ref> The actus reus and mens rea are defined as follows:
Appropriation is defined in section 73(4) of the ''Crimes Act'' 1958 (Vic) as the assumption of any of the owner's rights.<ref name="s73 Crimes Act Vic">{{cite Legislation AU|Vic|act|ca195882|Crimes Act 1958|73}} Further explanation of theft.</ref> It does not have to be all the owner's rights, as long as at least one right has been assumed.<ref name="Stein v Henshall">{{cite AustLII|VicRp|62|1976|litigants=Stein v Henshall |parallelcite=[1976] [[Victorian Reports|VR]] 612 |courtname=auto}}.</ref> If the owner gave their consent to the appropriation there cannot be an appropriation.<ref name="Baruday v R">{{cite AustLII|VicRp|59|1984|litigants=Baruday v R |parallelcite=[1984] [[Australian Criminal Reports|A Crim R]] 190612 |courtname=[[Supreme Court of Victoria|Supreme Court (Full Court)]] (Vic, Australia)}}.</ref> However, if this consent is obtained by deception, this consent is vitiated.

Property – defined in section 71(1) of the ''Crimes Act'' 1958 (Vic) as being both tangible property, including money and intangible property.<ref name="s71 Crimes Act Vic">{{cite Legislation AU|Vic|act|ca195882|Crimes Act 1958|71}} Definitions.</ref> Information has been held not be property.<ref>''[[Oxford v Moss]]'' [1979] {{abbr|Crim LR|Criminal Law Reports}} 119, Divisional Court, Queens Bench Division (UK).</ref>

Belonging to another – section 73(5) of the ''Crimes Act'' 1958 (Vic) provides that property belongs to another if that person has ownership, possession, or a proprietary interest in the property. Property can belong to more than one person. sections 73(9) & 73(10) deal with situations where the accused receives property under an obligation or by mistake.<ref name="s73 Crimes Act Vic"/>