Tuvalu Island Courts Bench Book - Federal Court of Australia

Larceny (theft) of or damage to fixtures
Section ss275 and 251 Penal Code (Cap 8)
Description
Every person is guilty of an offence who steals, or rips, cuts, severs
or breaks with intent to steal any fixture, as listed.
Section 251 defines stealing as, fraudulently and without claim of
right made in good faith, taking and carrying away a thing capable
of being stolen, without the consent of the owner and with the intent
of permanently depriving the owner of the thing.
Elements • The person named in the charge is the same person who is
appearing in Court;
• Either:
the accused stole a fixture; and
the accused had the intention of permanently depriving
the owner of the fixture at the time he or she took it.
Or:
the accused ripped, cut, severed or broke a fixture that
did not belong to him or her; and
the accused did this with the intention of stealing it;
• The accused did this fraudulently and without claim of right
in good faith;
• The fixture was:
glass or woodwork belonging to any building; or
metal or utensil or fixture fixed in or to any building; or
something made of metal fixed in any land being private
property, or as a fence to any dwelling-house, garden or
area, or in any square or street, or in any place dedicated
to public use or ornament, or in any burial ground;
• The owner of the fixture did not consent to the taking or
damaging.
Tuvalu Island Courts Bench Book June 2004