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tonylim77
Oct 27, 2012, 12:59 PM
My mum was arrested for shoptheft at Tampines Giant. She was looking at some items which was place after the cashier counter but still within the premise with her hands holding some unpaid item from the supermarket. The staff informed that the offence is committed once she walked past the counter. From what I understand is that she was not done with her shopping yet. The items that was placed after the counter are also from the supermarket and is still at the 2nd floor. Will the charge stands? Can we sue the management as there is no sign of 'No unpaid items beyond this point' at the counter.

AK lawyer
Oct 27, 2012, 01:05 PM
She was arrested by the police? If so, it's doubtful that she could sue the management of Tampines Giant; they didn't actually arrest her. One would need to examine the precise definition of shop theft according to the Singapore statute to determine if she is guilty:


"378. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit «theft»." http://statutes.agc.gov.sg/aol/search/display/view.w3p;query=Status%3Acurinforce%20Type%3Aact,sl %20Content%3A%22theft%22;rec=6;resUrl=http%3A%2F%2 Fstatutes.agc.gov.sg%2Faol%2Fsearch%2Fsummary%2Fre sults.w3p%3Bquery%3DStatus%253Acurinforce%2520Type %253Aact,sl%2520Content%253A%2522theft%2522
Her lawyer should seek to persuade the court that she did not intend to take the property out of the possession of the store; and should point out that in any event, she did not move it, as required.