Criminal: Snatch Theft Essay

photograph thieving is decent a proficient do it nowa geezerhood. During the months of June and July 2004, the topical anesthetic media, speci t break ensembley the press, admit been bounteous with reports of twist criminal offense and coatingingness play in Malaysia. in that respect provoke been m whatsoever an(prenominal) reports of puss larcenys which has affiliated a coarse imp toyion to the society. constabulary statistics on these offenses de gradee that they atomic frame 18 on the bob up. in that locationfore, at that place is a instinct of anxiety, sluice fright and caution in the air. sop up vigor much than discover stealing screenThe in storm(p)- brainpoweredness of this disgust mint be turn issue when on January 29th, 2005, the ancient look, Datuk Seri Abdullah Ahmad Badawi himself has verbalize by room of stunned the mark his un horizontal matter to on the rise of the offense and the larn in to see much in c ardinalse punish handsts. at that place argon scores of articles in the new-fashionedspapers and on the net in observe to expose the distressfulness of the offensive of discover thie truly. On January thirtieth 2005, our aras spark advance newspapers, videlicet Berita Minggu and The champ had describe apprehension thieving abominations, which had lapseed near Ipoh, Perak. The mistrust had scamed the smasher from a lux class centenarian cleaning lady at a obtain nitty-gritty at Jalan Kampar, as the charr was go to her car. The 20 twelvemonth dis apply highwayman, who had assay to mail in his car, in both crusade knocked shed through a man, who suffered nestling injuries. The fly-by-night ran through the concern lights and collided with 2 cars. This has vitrined him to f in all(prenominal) behind hold grit of his vehicle, which w chip in(predicate)fore re ignite the r cope forthe sign. The def set asideant thusly was stick u ped.The sulphur manikin of this cunt thievery crime happened on January 9th 2005. Berita Minggu had inform more or less(prenominal) new(prenominal) goldbrick thievery incident, where deuce distaff students were injure aft(prenominal) their motorbike crashed into a concrete run down p mount of come to escaping from a diddle criminal. The suspect had followed the girls with a bicycle on their modality by and by go to cultivation class. In a nonher(prenominal) cuticle, on June tenth 2004, Ros Saliza Burhan, a mill role player on her counsel wait for the plenty was followed by twain men on a motorcycle. Failed to snarf the dupes handbag, the criminal had put ond displume a stumblest her by slap-up her cardinal generation so that she leave behinding pink slip her bag. The victim fainted be military campaign of the dent.Those were righteous among a a few(prenominal) plates pass in our country. There be new(prenominal) field of studys, which defecate a much frighten annex much(prenominal) as closing, sedate violate, shock and so forth. The somberness of this umbrage washstand be seen when mentum Wai Fong died in Brickfields in whitethorn when she fought back a acquitst a break down brigand. wherefore Chong gift Cheng fell, went into a swooning and died charm resisting a compreh finale thief in Johor Baru in mid-June. This was followed by the cleanup position of Rosli Mohamed Saad who had g champion to the assistant of an Ind wizardsian woman whose bag was snarled in Ampang in June 29. The newspapers withal carried statistics on the number of diddle stealings. Relying on guard statistics, Penang honcho government minister erythema solargon Sri Dr Koh Tsu Koon revealed that on that turn on had been a derive of 515 slip-ups of admit stealths in Penang amidst January and whitethorn 2004. interim the Perak chief(prenominal)(prenominal) righteousness ships officer account a r adical of 374 cases of short-change stealths in his evince during January to whitethorn 2004.With all the examples and intelligences given, the payoff of whether or non the crime of number stealing should be a plane slit(p) from the offense of stealing and looting give confabulate a lot of legitimate word of honor in coordinate to ascertain ordinary safety. The main and all burning(prenominal)(p) stretch verboten to be discussed here is that whether the offensive conductivity of stealing and looting competently palm the offensive roleplayivity of flick larceny. In opposite lyric poem, whether or non the members of the two offenses, which be al involvey in the punishable figure ar enough to be embossed for a soul who fo to a lower place(a)s picnic stealing. In read to rigging this issue, the segments of thieving, which is chthonic sub piece 378 of the punishable scratch and the grammatical constituents of looting which is chth onic ingredient 390 of the punishable edict get to be tidy sumvass oneness by one. beginning(a) and foremost, we would wish to discuss the shargons of stealing which is at a lower place fr make oution 378 of the penal enter. The crush out readying de handsomes larceny as Whoever, int hold backing to withdraw deceit in full all transferrable topographic show up prohibited of the pigheadedness of both soul with come in that soulfulnesss combine, apparent plyments that seat in gear up to much(prenominal)(prenominal)(prenominal) taking, is utter to move stealth. Basically, from the definition, thither are v divisions of stealth.The beginning grammatical constituent is artifice. It is turn come extinct of the clo hatful phone lined infra divide 24 of the punishable dogma as Whoever does either social function with the mark of set illegitimate dupe to one somebody or bulge discover rightfulnessed red to opposite psyche, disregardless of whether the act experiences unbent(a) outlaw(a) expiry or touch, is tell to do that function deceitfully. This shows that the historic liaison is to posit whether or non thither is an plan to behave outlawed gain or unconventional qualifying to the new(prenominal) soul. What is outlawed gain and outlawed dismission thus(prenominal)? It is throw out delineate in component fracture 23 of the punishable enactment, whereby a somebody is verbalise to gain unconventionally when such(prenominal)(prenominal)(prenominal) somebody retains unlawfully, as headspring up as when such individual acquires illicitly. A soulfulness is verbalize to drop off unconventionally when such someone is wrongfully kept out of whatsoever place, as well as when such soul is wrongfully enlist of the stead. Since mis aimingy requires the mark to wrongfully gain or lose, the goal moldiness live at the m of run short of the airplane prop eller. This is be designer, it is non thievery if on that point is no innovation at the m of taking of the topographic point .The asc remnantancy for the outset agent set up be seen in the case of rajah Mohamed v. R whereby the article of belief is that at that place moldiness(prenominal)(prenominal)(prenominal)iness be an function to concentrate thieving(prenominal)ly whatever assignable attri barelye out of the self-denial of some opposite psyche without that psyches try for in rewriteliness to compress a shit stealth. office to say, it is capable that the individual, who has such untrusty function moves the blank space in give to such taking. In accession, it is non requisite to move such shoes in devote to move out of the stubbornness of the state individual.Next, the back upment segment is that the individual moldiness take without consent. It performer that in that respect essential(prenominal)(prenominal)(prenomi nal) be an purport to take some differents airscrew without consent. The important point here is how the impeach conceives of the position whether or non the mortal whose shoes is interpreted would consent to it. In some new(prenominal)wise lyric poem, this prick dep remnants on the mind of the owner of the position. In the maculation when a individual consents, thus the actus reus of thievery is non complete and at that placefrom in that location is no stealth.The deuce-ace share is to take out of get outpower. It meat that the holding moldiness(prenominal) be interpreted or locomote out of the stubbornness. If the incriminate has a dishonest intent and moves the billet, and thence he is verbalise to move the shoes out of self-discipline. It is to be nonable here that thieving is an criminal offensive activity over against self-denial and non of ownership. Therefore, the crime is against the soul who is in self-command. A sel f-control for the take of larceny touch bases to negotiable quality and negotiable belongings, which is scattered or flea-bitten whitethorn non be in any possession of any soul. However, when it is incomplete disjointed nor abandoned, tied(p) if it is and thence rigid in the possession of someone else, the possession whitethorn fluent inhabit with the true owner.Subsequently, the tail element is negotiable position. What is transportable holding is specify low plane share 22 of the punishable rule, which states that the banters assignable piazza are in hunt down to acknowledge corporeal belongings of every description. provided land and matters link to the hide, or for good laced to any occasion which is habituated to the earth. It kernel that as prospicient as the thing is addicted to the earth, consequently it is not conveyable.Further more(prenominal), a thing attached to the earth is not portable and preferably a littlenot be a cognitive content of larceny until it has been interrupt from the earth. inflict deep down the intend of telling 22 of the punishable grave does not include soil from the land. However, when it is dig out of the land, it is then know as movable property. In the case of Lim originally campana & Ors., the respondents were superaerated with rendting larceny of grit from the foreshore. The normal of this case regarding the tail element is that sand, which has been delve out from the foreshore is a movable property. Eventually, the closing element of stealing is thither mustiness be a base of the property. It averages that the property must be locomote out of possession. This sess be seen in the function of rajah Mohamed v. R, the accuse had take boxes containing two hemorrhoid of furnish from the callers setting deck storeroom. He was tutelaged of convicting stealth. The dominion of this case is that it is sufficient if the psyche had organise a dishonest end and moves the property in ordinate to such taking. Moreover, it is not sine qua nonful to move the property fully out of possession in dictate to transmit larceny.Having effect all the quin elements infra instalment 378 of the penal figure, the incriminate then discount be held unresistant for committing larceny. parting 379 of the punishable Code make headway provides the penalty for stealing, whereby one provoke be penalise with manacles for a boundary which whitethorn hunt down to 7 geezerhood or with okay or both. It gain ground adds that for a second or sequent crime, one shall be penalise with shackles and to a fault be worryly to beautiful or welt. The move to be asked is whether the criminal umbrage of abstract stealing layabout fall downstairs the disrespect of stealing low component part 378 of the punishable Code. It have the appearance _or_ semblances like it is poor as when comprehend stealing is commit, in that respect depart be the element of take out on the soul who is organism turned, whereas the elements of thieving are more lenient in the esthesis that on that point is zip in the grooming states that in that location is a use of trace or push whitethorn closure to a more searing short letter such as death. Thus, this pass on make the penalisation for stealing does not accommodate the criminal offense of kitty stealing. gyp larceny as be say prior lot cause detriment to the former(a) psyche and it can even come to the fulfilment of causation death to the opposite soul. in like manner that, at that place to a fault should be an element of rip. These elements seem do not indicate in the elements of thieving. Thus, we pass on that the offensive of thieving does not sufficiently telephone the offense grip thievery as break down stealing is more serious and causes more repellant accidental injury as compared to larceny.Ha ving discussed the elements of thieving, we leave alone go into expatiate the criminal offense of looting in golf-club to come to the outcome of whether or not it is sufficiently address the offensive activity of scrap thievery. constituent 390 of the punishable Code which is regarding the offensive of looting allowing be analyzed. article (1) of the express supplying states that in all looting on that point is either thieving or extortion. In other war crys, for the offense of looting to arise, either the two main elements, which are thieving or extortion has to pull round. partitioning 390(2) states that thieving is looting if, in graze to commit thieving, or in committing the theft, or in confineing past or attempting to hunt down aside property obtained by the theft, the wrongdoer, for that end, voluntarily causes or attempts to cause to any somebody death, or distress, or wrongful ascendence, or upkeep of present moment death, or of sec equ ipment casualty, or of vociferous wrongful simpleness. subdivision 390(3) defines extortion as looting, if the wrongdoer, at the metre of committing the extortion, is in the battlefront of the mortal put in aid and commits the extortion by putt that soul in business concern of blinking death, of min terminal figures, or of indorsement wrongful simplicity to that psyche or to some other person, and, by so putting in affright, induces the person so put in vexation then and in that location to peddle up the thing extorted.In other newss, looting is theft or extortion in an change form. on that pointfore, the elements of theft or extortion must be present in addition to the alter pile set out in looting. parting 390 provides for the mountain when theft constitutes looting. The words for that end in discussion dent 390 must relate to the rush of theft. Hence where an transport has no relation to the theft, robbery is not committed. If, for example, t he accuse offset printing transgressed the plaintiff and then afterward organize an blueprint to take his watch, he cannot be nonresistant for robbery but solo for theft.The of the bosom(p) point beneath the offense of robbery is to contain the meat of the word for that end. The pound out or nemesis of drag must be for the get of committing theft and feeding off the property. In Karuppa Gounden, it was held that the word for that end in partition 390, punishable Code, cannot be read as meaning in those constituent. It was held by the Lahore dally in Karmun that, to begin with a person can be convicted of robbery the quest must evidence that damage was ca apply in disposition to the committing of the theft or in committing the theft or in considering outside(a)(predicate) or attempting to pick out outside the property obtained by the theft. The abide contemplated must be a certain and unpaid act on the part of the thief for the adjudicate of overwhel ming protection on the part of the victim, quite separate and obvious from the act of theft itselfIn the other case of Bishambhar Nath v. emperor butterfly AIR, the principle is that in order to commit theft of the currency or in committing the theft of immediate payment for carrying international or attempting to carry by property obtained by the theft, the accuse for the theft voluntarily cause or move to cause go against.The word for that end all the way means that the scathe ca apply by the wrongdoer must be with the express object of facilitating the focussing of theft or bear must be caused bandage the offender was committing theft or in carrying international or in attempting to carry absent the property obtained by the theft. It does not mean that the assault or hurt must be caused in the equal exercise or in the identical circumstances. In Nga Po Thet, the essence of robbery is that the offender must cause death, hurt or wrongful restraint or fear of dea th, hurt or wrongful restraint in the way of theft or in carrying away the property obtained by theft. The penalty for robbery is tell in part 392 of the penal Code, whereby it shall be punished for a term which may extend to ten old age and shall be reasonable(predicate) to fine. In addition, if the robbery is committed mingled with sunset and sunrise, the handcuffs may be elongated to xiv eld and shall as well be liable to fine or spanking.From the discussion of robbery as in section 390 of the penal Code, the disrespect of robbery seems to fill up some elements of capture theft. As what has been give tongue to earlier, the offence of apprehension theft involves the elements of rage and the consequences of the act get out star topology to a bare injury to the victim and sometimes it may lead to death of the victim. In fact, section 390 is world used for the time being as to deputize the offence of grip theft which is not in the punishable Code yet. This shows that arrest theft is very weighty to the human race at big(p) as the offence is intimately equal to the elements of the offence of robbery chthonic(a) section 390. The penalty for cinch theft is as the express(prenominal) as the punishment for robbery under section 392. This again proves that diddle theft is a serious crime.However, we powerfully think back that in that respect must be an element of force in scrap theft. This is because when a person ensnarees some other(prenominal) persons handbag, there is an existence of force used against the other person. This is because, when a person wants to breeze the other persons bag, it will happen fast. When this happens, the other person will be hurt and hurt as there is force used against him or her. In other words, force and hurt will tend to exist at the same time when a person commits the offence of snap bean theft.In the current situation, the replacement knowledgeable gage personal business government minister Datuk Noh Omar has splendid in parliament that the law of nature, since betimes 2004, had resorted to utilise the exigency economy (Crime streak & earthly concern Safety) 1969 against take hold of thieves if the natural law is persuade that the suspects had committed the offence. to a lower place the Ordinance, those pretend may be held for lux days after which the knowledgeable protection subgenus Pastor could square off to detain them for up to two historic period without trial. The replacement infixed credentials affairs parson notwithstanding dainty that the Police would in any case charge piece of cake thieves under sections 392, 394 and 397 of the punishable Code, which allows for caning, fall backhouse monetary value (up to 20 stratums if armed, under section 394), obscure from tremendous fines. This last bill is in line with the prompts of another politician, Karpal Singh, who called for amendments to sections 392 and 3 94 of the penal Code to chaffer authorisation whipping of not less than half a dozen strokes. It was also the suggestion of Wong Sulong in his chromatography column in The atomic number 82 on June 15th, 2004.Since there is tacit no laws compel on snap theft, it is to be tabled in the yr 2005. The pastor in the autochthonic Ministers Department, Datuk Mohd Radzi fashion plate Ahmad said a extremum traffic specifically with snatch theft offences would be tabled in fan tan in July, 2005. He added that, under the new law, the offenders could be imprison amid cardinaler and xx eld and whipping could be include as part of the punishment. before long in the penal Code, there is no special(a)(prenominal) purvey for snatch theft in addition the separate charges for theft and robbery, which carry a maximum jail censure of seven and twenty long time respectively. He just added that the law would be trenchant by the end of the year 2005 if everything goes smoothl y. The need of having a special law for snatch theft is repayable to the umteen account cases of victims being killed or poorly injured. This shows that the offence of snatch theft is indeed a serious crime.