theft
“Stealing” merchandise from somebody’s shopping cart before checkout
<p><em>Somewhat inspired by current events:</em>
Suppose in a supermarket, Alice puts the last thirty packages of toilet paper into her shopping cart.
Bob then takes one of those packages from her cart without her consent.
All of this happens before either of them has checked out.
What law, if any, did Bob break?</p>

<p>It is my understanding that the merchandise is the market’s property until paid, and thus does not change its owner and thus, this is not a straightforward theft.</p>

<p>I am not specifying a jurisdiction, since I expect that the answer does not strongly depend on it.</p>

<p><strong>This is common law Larceny</strong></p>
<p>While some jurisdictions may have statutorily redefined larceny; it is a very old common-law crime.</p>
<p>For example, the common-law definition is still in use in <a href="/questions/tagged/new-south-wales" class="post-tag" title="show questions tagged &#39;new-south-wales&#39;" rel="tag">new-south-wales</a> (even though the punishment is statutorily specified in the <em>Crimes Act 1900</em>) and the first element of the crime is that &quot;the property must belong to someone other than the accused&quot;.</p>
<p>The suggested jury direction from the <a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/larceny.html" rel="noreferrer">Criminal Trial Courts Bench Book</a> says:</p>
<blockquote>
<p>The law differentiates in a number of contexts between possession, control and ownership. Each of those concepts can become quite involved and complex. Fortunately, in the circumstances of the present case, it is neither necessary for me to seek to explain all their refinements to you, nor for you to understand all of those refinements.</p>
<p>However, to give you but the broadest of examples: if you were to buy, say, an expensive diamond from a jeweller, assuming that it was legally [his/hers] to sell to you in the first place, then, the moment you took physical delivery of it you would own it, have the control of it, and be in possession of it.</p>
<p>If, however, you proceeded to place it in a bank security box for safe keeping, you would, for some legal purposes anyway, cease to possess it, although you would still own it and be in control of it. If a robber broke into the bank and took your diamond, the robber would then be in possession of it, even though you would, in law, continue to be its owner.</p>
<p>When I direct you that the property must belong to someone other than the accused, all that is required is that, at the time of the taking, <strong>it must be owned, controlled or possessed</strong> by someone other than the accused. Thus in this context, the law uses the concept of belonging in the widest possible sense.</p>
</blockquote>
<p>The overzealous shopper both controls and possesses the toilet rolls even though they are owned by the supermarket.</p>

<p>If Bob takes packages from Alice's cart without her seeing it, that is <strong>theft</strong>.</p>

<p>If she sees it and attempts to prevent, like happened <a href="https://news.sky.com/story/coronavirus-brawl-over-toilet-paper-in-sydney-supermarket-11951619" rel="nofollow noreferrer">here</a>, that is <a href="https://en.wikipedia.org/wiki/Robbery" rel="nofollow noreferrer"><strong>robbery</strong></a>.</p>

<blockquote>
  <p>It is my understanding that the merchandise is the market’s property until paid, and thus does not change its owner and thus, this is not a straightforward theft.</p>
</blockquote>

<p>Legal ownership does not matter here. What matters is that Alice is in legal possession/control of the packages. Depriving her of this possession without her consent is a crime.</p>

<p>It would be up to the supermarket to limit the quantity she can actually purchase, not up to Bob.</p>
