Question

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Whoever, intending to dishonestly take any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
Facts : R owns an antique watch but is unsure of its value. She took it to a jeweller Y for a free valuation that was offered by Y. Y took the watch home instead of valuing it and does not provide any explanation. R enters Y’s home, pushes Y to one side, and retrieves her watch by force. Has R committed theft ?

• A. Yes, because R took the watch out of Y’s possession
• B. Yes, because R unlawfully entered Y’s home
• C. Yes, because R assaulted Y
• D. None of the above

Answer 1

The Correct Option is D

To determine whether R committed theft, we must apply the given legal principle to the facts provided. The principle states theft involves the dishonest intention to take movable property out of someone's possession without consent, moving it in the process.
In this scenario, R owned the antique watch and voluntarily handed it to Y for a valuation. At no point did R intend to dishonestly take the watch from someone else's possession. Instead, Y wrongfully kept the watch, deviating from the agreement. When R entered Y's home to retrieve her property forcefully, her actions were directed at recovering her rightful possession, not taking Y's property.
The options are:

1. Yes, because R took the watch out of Y’s possession.
2. Yes, because R unlawfully entered Y’s home.
3. Yes, because R assaulted Y.
4. None of the above.

Analyzing these options:

• Option 1 isn't applicable, as R retrieved her own watch, not Y's property.
• Option 2 pertains to unlawful entry but doesn't establish theft under the given principle.
• Option 3 refers to assault, unrelated to the principle of theft examined here.
• Thus, none of these options justify labeling R's actions as theft.

Therefore, the most appropriate answer is None of the above.