VIII. Crimes Against Property and Public Safety

By the express terms of Section 258, the punishment therein prescribed applies, unless the offence committed constitutes in itself the crime of homicide, whether completed or attempted, or a grievous bodily harm - in which cases the punishments applicable would be those appropriate thereto.

Finally, it may be mentioned that the sale and supply of poisons and dangerous drugs are regulated by the Sanitary Laws and by the Dangerous Drugs Ordinance. The Food, Drugs and Drinking Water Ordinance also makes it an offence thereunder to sell or keep for sale or supply any food or drink which is unwholesome or injurious to health.

Our Criminal Code does not give a definition of theft. This is unfortunate because, although the notion of theft may at first sight appear to be easy and, in fact, does not offer great difficulties in practice in the generality of cases, yet certain aspects of this crime have given occasion to very great discussion among jurists and sometimes raise questions of difficult solution.

In the.....of a statutory definition our Courts have, generally speaking, adopted the definition of the crime given by Carrara472 i.e., “La contrectatio dolosa della cosa altrui, fatta invite domino, con animo di farne lucro”473 .

An analysis of this definition discloses that no less than five ingredients are necessary to constitute the crime of theft namely: (i) The contra of a thing (contrectatio); (ii)belonging to others; (iii) made fraudulently; (iv) without the consent of the owner; (v) anime lucrandi.

472 Prog. Parte Speciale Vol. IV, para. 2017 473 Vide Criminal Appeal Police vs Mario Tanti et., 9/12/44; Criminal Appeal Police vs Carmelo Felice, 10/1/42