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Criminal law — theft — nature of offence — a continuing offence — single offence committed by thief who retains possession of property after conviction.
The accused was convicted on the 30th September of the theft of clothing. In mitigation he pointed out that he had been tried and punished on the 4th June, 1982 for the theft of the same clothing. The prosecutor argued that the accused continued to commit theft by retaining possession of the property.
Held, that it is true that by retaining the stolen property the accused continued to commit theft, but the theft he was committing on the 30th September was the original theft and not a new one.
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