QUESTION 1
1.1
The crime that emerges from the case study is theft. Theft is defined in the study
guide as the unlawful and intentional appropriation of movable, corporeal property
belonging to another person with the intent to permanently deprive the owner of it. In
this case, Virginia Mohale handed her backpack containing a cellphone to a woman
named Dixie, whom she had interacted with on previous occasions at the park. Dixie
was entrusted with the bag while Virginia went to the restroom. Upon her return,
Dixie and Virginia parted ways, but when Virginia attempted to retrieve her phone to
call her husband, she discovered it was missing. The circumstances strongly
suggest that Dixie unlawfully took the cellphone while Virginia was away, thereby
fulfilling the essential elements of the crime of theft.
To establish theft, several elements must be present. First, the act must be unlawful
Dixie had no right or legal claim to the phone. Second, the item taken must be a
movable, corporeal object Virginia’s phone qualifies. Third, the item must belong to
another the phone was owned by Virginia. Fourth, there must be appropriation. Dixie
took the phone for herself. Finally, there must be intent to permanently deprive the
owner of the item. Dixie did not return the phone, and her actions suggest she never
intended to do so. All these elements are satisfied, making theft the correct legal
classification for the offence committed.
1.2.
There are many forms of theft recognised in the context of everyday criminal
investigations. One of the most prevalent is shoplifting, which involves unlawfully
removing goods from retail establishments without paying for them. Another is
pickpocketing, typically executed in crowded areas where perpetrators discreetly
steal items from victims' pockets or bags. Theft of motor vehicles is a significant
concern and usually involves stealing cars either for resale or to dismantle them for
parts. A related crime is employee theft, where staff members steal from their
workplace, often involving cash, stock, or confidential information.
Other forms include theft by false pretences, where a person obtains property
through deception or misrepresentation. The theft of outdoor items, such as bicycles
, and garden equipment, is also common, particularly in urban parks. Given the value
and portability of electronics, theft of items like mobile phones, laptops, and tablets is
widespread. The study guide also mentions theft of cash, which remains a frequent
occurrence in both personal and commercial contexts. Additionally, theft of parcels or
deliveries has increased due to the rise in online shopping. Lastly, digital or identity
theft though not physical in nature also constitutes theft as it involves unlawfully
acquiring personal data or credentials. These forms vary in execution, but all meet
the fundamental criteria of theft.
1.3.
As an investigator compiling an affidavit in this matter, it is essential to include
comprehensive and factual information to support the case. The affidavit should
begin with the personal particulars of the complainant, Virginia Mohale, including her
full name, identity number, and contact details. It must specify the exact date, time,
and location of the alleged incident in this case, Delta Park in Johannesburg. The
narrative of the events as recounted by Virginia must be included in full detail,
describing her interaction with the suspect Dixie, how the bag was left in her care,
and how the theft was discovered.
A detailed description of the suspect is crucial. According to the case study, Dixie is
described as a tall, slim woman with long brown hair, wearing blue running shorts,
black takkies, a navy-blue shirt, and a light blue Nike cap. Notably, she also has a
butterfly tattoo on her right hand. The affidavit should also include the specific item
stolen.Virginia’s blue Samsung cellphone and any identifying features it may have.
The investigator should record any possible leads, such as Dixie’s mention of staying
nearby and participating in parkruns, which could assist in locating her.
Furthermore, the affidavit must document any steps already taken by the officer,
such as canvassing the area or checking with nearby witnesses. The document must
end with a formal declaration confirming that the information provided is accurate
and truthful to the best of the complainant’s knowledge. The affidavit serves as a
foundational piece of evidence and must therefore be clear, precise, and legally
sound.
1.1
The crime that emerges from the case study is theft. Theft is defined in the study
guide as the unlawful and intentional appropriation of movable, corporeal property
belonging to another person with the intent to permanently deprive the owner of it. In
this case, Virginia Mohale handed her backpack containing a cellphone to a woman
named Dixie, whom she had interacted with on previous occasions at the park. Dixie
was entrusted with the bag while Virginia went to the restroom. Upon her return,
Dixie and Virginia parted ways, but when Virginia attempted to retrieve her phone to
call her husband, she discovered it was missing. The circumstances strongly
suggest that Dixie unlawfully took the cellphone while Virginia was away, thereby
fulfilling the essential elements of the crime of theft.
To establish theft, several elements must be present. First, the act must be unlawful
Dixie had no right or legal claim to the phone. Second, the item taken must be a
movable, corporeal object Virginia’s phone qualifies. Third, the item must belong to
another the phone was owned by Virginia. Fourth, there must be appropriation. Dixie
took the phone for herself. Finally, there must be intent to permanently deprive the
owner of the item. Dixie did not return the phone, and her actions suggest she never
intended to do so. All these elements are satisfied, making theft the correct legal
classification for the offence committed.
1.2.
There are many forms of theft recognised in the context of everyday criminal
investigations. One of the most prevalent is shoplifting, which involves unlawfully
removing goods from retail establishments without paying for them. Another is
pickpocketing, typically executed in crowded areas where perpetrators discreetly
steal items from victims' pockets or bags. Theft of motor vehicles is a significant
concern and usually involves stealing cars either for resale or to dismantle them for
parts. A related crime is employee theft, where staff members steal from their
workplace, often involving cash, stock, or confidential information.
Other forms include theft by false pretences, where a person obtains property
through deception or misrepresentation. The theft of outdoor items, such as bicycles
, and garden equipment, is also common, particularly in urban parks. Given the value
and portability of electronics, theft of items like mobile phones, laptops, and tablets is
widespread. The study guide also mentions theft of cash, which remains a frequent
occurrence in both personal and commercial contexts. Additionally, theft of parcels or
deliveries has increased due to the rise in online shopping. Lastly, digital or identity
theft though not physical in nature also constitutes theft as it involves unlawfully
acquiring personal data or credentials. These forms vary in execution, but all meet
the fundamental criteria of theft.
1.3.
As an investigator compiling an affidavit in this matter, it is essential to include
comprehensive and factual information to support the case. The affidavit should
begin with the personal particulars of the complainant, Virginia Mohale, including her
full name, identity number, and contact details. It must specify the exact date, time,
and location of the alleged incident in this case, Delta Park in Johannesburg. The
narrative of the events as recounted by Virginia must be included in full detail,
describing her interaction with the suspect Dixie, how the bag was left in her care,
and how the theft was discovered.
A detailed description of the suspect is crucial. According to the case study, Dixie is
described as a tall, slim woman with long brown hair, wearing blue running shorts,
black takkies, a navy-blue shirt, and a light blue Nike cap. Notably, she also has a
butterfly tattoo on her right hand. The affidavit should also include the specific item
stolen.Virginia’s blue Samsung cellphone and any identifying features it may have.
The investigator should record any possible leads, such as Dixie’s mention of staying
nearby and participating in parkruns, which could assist in locating her.
Furthermore, the affidavit must document any steps already taken by the officer,
such as canvassing the area or checking with nearby witnesses. The document must
end with a formal declaration confirming that the information provided is accurate
and truthful to the best of the complainant’s knowledge. The affidavit serves as a
foundational piece of evidence and must therefore be clear, precise, and legally
sound.
