Supreme Court THEFT OF SUIT

Press, Volume CI, Issue 29908, 23 August 1962, Page 18

Supreme Court THEFT OF SUIT

Appeal Fails

An appeal by Oswald Spencer (Mr A. Hearni against conviction for theft of a suit from the D.1.C., Ltd., was dismissed by Mr Justice Richmond in the Supreme Court yesterday.

His Honour said the evidence was that Spencer went to a suit rack in the men’s department at 8.45 p.m. on a Friday, took a suit, and rolled it up. He concealed the fiuit under his overcoat and walked to the exit door at Cashel street. Then for some reason he came back and replaced the suit, on the rack. Spencer’ apparently found it difficult to accept the fact that he was found guilty of theft when he did not take the suit out of the store, said his Honour. An essential ingredient of theft was the taking of an object dishonestly intending to deprive the owner permanently of its use. The crime began as soon as the goods were moved.

So the prosecution had only to prove that Spencer moved the suit, which he did. with the dishonest intention of keeping it. "I can only infer that when iie rolled up the suit and put it under his coat, he intended to keep it and take it away.” his Honour said. “The decision to return it is not a defence, but that was n > doubt taken into account when sentence was passed.”