Tuvalu Island Courts Bench Book - Federal Court of Australia

Simple larceny (theft)
Section ss251 and 254 Penal Code (Cap 8)
Description
Every person is guilty of an offence who steals something.
Section 250 sets out the things that are capable of being stolen.
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;
• The accused took and carried away a thing that did not
belong to them;
• The thing taken was capable of being stolen;
• The accused did this fraudulently and without claim of right
in good faith;
• The owner of the thing did not consent to the taking;
• The accused had the intention of permanently depriving the
owner of the thing at the time he or she took it.
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who stole.
Tuvalu Island Courts Bench Book June 2004