Editing Theft (section)

====Mens rea====

'''South Australia'''

Whether a person's conduct is dishonest is a question of fact to be determined by the jury, based on their own knowledge and experience. As with the definition in Victoria, it contains definitions of what is not dishonesty, including a belief in a legal claim of right or a belief the owner could not be found.<ref name="s131 Criminal Law SA">{{cite Legislation AU|SA|act|clca1935262|Criminal Law Consolidation Act 1935|131}} Dishonesty.</ref>

'''Victoria'''

Intention to permanently deprive – defined at s.73(12) as treating property as it belongs to the accused, rather than the owner.

Dishonestly –  section 73(2) of the ''Crimes Act'' 1958 (Vic) creates a negative definition of the term 'dishonestly'. The section deems only three circumstances when the accused is deemed to have been acting honestly. These are a belief in a legal claim of right, a belief that the owner would have consented, or a belief the owner could not be found.<ref name="s73 Crimes Act Vic"/>