Reforming Theft: Taking Without Consent

Abstract

This article proposes a new offence of theft, based on intentionally or recklessly taking or keeping another’s property, knowingly or recklessly without consent. It discusses how this new law is in practical terms an improvement over the current law, and how without legislative reform the current law might be improved through case law. It argues that the proposed law is also a better fit in theory, in terms of characterising the wrong of theft.