criminal-law canada theft
Can &quot;it was an accident&quot; be a defense?
<p>Is the crime of theft committed if it was proven to be an accident? For example you moved houses and somehow accidentally took your neighbors lawnmower? What if you returned it quickly, what if they asked you if you had it and you first said no? I'm interested in things that are generally under a few hundred dollars.</p>

<p>Maybe a simpler example is you were transporting boxes for your work and realized you had forgotten to take one out of the car. Is this considered theft or must it have been proven intentional? </p>

<p>Does the burden of proof lay on the plaintiff to show it was on purpose, or the defendant to show it was by accident? </p>

<p>In general, in Canada, the <a href="https://en.wikipedia.org/wiki/Criminal_law_of_Canada#Elements_of_an_offence" rel="nofollow">elements of an offence</a> require the prosecution to prove that there was a criminal act and a criminal state of mind. There are exceptions where it suffices to show that the act happened. Since the example and tags indicate "theft" I assume that's what you're asking about. In Canada, <a href="http://laws-lois.justice.gc.ca/eng/acts/C-46/page-73.html?txthl=theft#s-322" rel="nofollow">the law</a> (322 (1)) says </p>

<blockquote>
  <p>Every one commits theft who fraudulently and without colour of right
  takes, or fraudulently and without colour of right converts to his use
  or to the use of another person, anything, whether animate or
  inanimate, <em>with intent</em></p>
</blockquote>

<p>followed by a list: to deprive, to pledge as security, to destroy and one other thing that doesn't make a lick of sense. It is also the case that</p>

<blockquote>
  <p>For the purposes of this Act, the question whether anything that is
  converted is taken for the purpose of conversion, or whether it is, at
  the time it is converted, in the lawful possession of the person who
  converts it is not material.</p>
</blockquote>

<p>That is, you may accidentally take without running afoul of the law, but you may not take and use as your own.</p>
