- 5 Marks
Question
Taking or conversion with intent to defraud is an element of stealing.
Required:
State FIVE tests of determining whether or not an accused has an intention to steal at the time of taking or converting a thing.
Answer
Tests for Determining Intent to Steal
- Control Without Consent: If the accused takes control of someone else’s property without the owner’s consent, it may indicate an intent to steal.
- Lack of Intention to Return: When the accused shows no intention to return the property to the rightful owner, it suggests an intention to permanently deprive the owner.
- Use of Deception or Fraud: If the accused obtained the property by deceit or fraudulent means, it points to an intent to defraud and steal.
- Secretive Behavior: Attempts to hide the act of taking or converting the property indicate an awareness of wrongdoing and intent to steal.
- Conversion to Personal Use: If the accused converts the property for their own benefit without permission, it demonstrates an intent to deprive the owner of their rights to the property.
- Tags: Conversion, Criminal Intent, Criminal Law, Fraud, Theft
- Level: Level 1
- Topic: The Nigerian Legal System
- Series: NOV 2020
- Uploader: Dotse