Main theories on asportation

Abstract

THERE is no definition of Theft in our Criminal Code; it simply makes a distinction between aggravated and simple theft. The aggravating circumstances of theft are mentioned in Sec. 274, while Sec. 279 lays down that theft is simple when it is not accompanied by any of the aggravating circumstances specified in Sec. 274. In the absence of such a definition our Criminal Code leaves us in the dark as to which are the constituent elements of theft, and we will have to depend upon the definitions furnished by text writers and other codes. Generally speaking, all the definitions given agree as to what are the elements of this offence, but there may be various opinions as to what in fact constitutes this or that element.