OFFENCES AGAINST PROPERTY: STEALING

TOPIC OF THE DAY

- STEALING

- WHAT CONSTITUTES STEALING

- STEALING WITH VIOLENCE

- RECEIVING STOLEN PROPERTY

Stealing

Stealing, also known as theft, is the unlawful taking of someone else's property with the intent to permanently deprive them of it. In Nigeria, the criminal code provides a comprehensive definition of stealing under Section 383 of the Criminal Code Act and the case of Adamu v. The State (1991) 4 NWLR (Pt. 187) 530 where the court emphasizes the necessity of proving intent to permanently deprive the owner of the property for an act to be classified as stealing.

Key Elements of Stealing

1. Taking or Converting: The act must involve taking or converting the property.

2. Ownership: This is where the property must belong to another person.

3. Intention: There must be an intention to permanently deprive the owner of the property.

4. Property: The subject must be something of value and capable of being stolen.

What Constitutes Stealing

Section 383(1) of the Criminal Code Act states that "A person who fraudulently takes anything capable of being stolen or fraudulently converts to his own use or to the use of any other person anything capable of being stolen, is said to steal that thing." See the case of Nwosu v. The State (1986) 4 NWLR (Pt. 35) 348 where the court dealt with the fraudulent conversion of property, highlighting how the misuse of property entrusted to someone can also constitute stealing.

Examples of Acts Constituting Stealing

1. Fraudulent Taking: This is the secretly taking someone's money without permission.

2. Fraudulent Conversion: This is using someone else's property (e.g., a car) without consent and treating it as one's own.

Stealing with Violence

Stealing with violence, also known as robbery, involves stealing accompanied by or preceded by violence or threats of violence. See section 401 of the Criminal Code Act and the case of Afolabi v. The State (2010) 16 NWLR (Pt. 1220) 584 where the Supreme Court emphasized that the presence of violence or the threat thereof at the time of the theft escalates the crime to robbery.

Key Elements of Stealing with Violence

1. Violence or Threat of Violence: There must be the use or threat of force.

2. Taking of Property: Property must be taken.

3. Presence of Owner: The act usually occurs in the presence of the owner or custodian of the property.

Receiving Stolen Property

Receiving stolen property involves knowingly accepting or acquiring property that has been stolen. See section 427 of the Criminal Code Act which states that receiving stolen property is punishable if the person receiving it knows it to have been stolen and the case of R v. Turner (1965) NMLR 121 where the court discussed the requirement of knowledge or belief that the property was stolen at the time of receipt.

Key Elements of Receiving Stolen Property

1. Stolen Property: The property in question must be stolen.

2. Knowledge: The receiver must know or have reason to believe that the property is stolen.

3. Receipt or Possession: The individual must have received, retained, or disposed of the property.