Sri Lanka's #1 Discussion Platform for Legal Questions and Answers


Latest topics

» Money owed for taking no pay leave during employment contract
by bree Mon Nov 20, 2017 5:07 pm

» Will and Inheritance
by pb65 Thu Nov 02, 2017 2:47 pm

» Marriage of Half Blood Brother
by frankanderic Mon Oct 30, 2017 5:16 pm

» Insider Dealing in the information Age
by Admin Mon Oct 30, 2017 2:06 pm

You are not connected. Please login or register

Sri Lankan Law Forum » Criminal Law Forum » Offence of Theft

Offence of Theft

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Offence of Theft on Fri Oct 20, 2017 8:21 pm


Theft in Sri Lanka is charged under section 366 of the Penal Code. A person is guilty of the offence if they 'dishonestly [take] movable property out of the possession on any person, without that person's consent.' The key word regarding theft is 'dishonestly', this is also fundamental to a successful theft charge in English law. A person is chargeable in England if they; 'dishonestly, appropriate, property, belonging to another, with the intention of permanently depriving' (S1 Theft Act 1968). Under common, law a person is dishonest if they behave dishonestly by the standards of reasonable people and the defendant realised this. This key element of the mens rea (guilty mind) is similar in both Sri Lankan and English law to a sound conviction of the offence. In England the Judge has the discretion of imposing a custodial sentence of up to seven years. In Sri Lanka, some may argue the three year (maximum) sentence does not allow enough discretion to accommodate for the seriousness of the appropriation. However, from an objective view the English custodial sentence could be seen to be too heavy in proportion to the common crime at hand.

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum