Keri Jones and Phil Jackson, went shopping at New World Mall. They were shopping to buy a birthday gift for their friend, Andrea, who was having a tough year since her parents split up. They decided to pool their money together and buy a gift that was under $50. They went into Musik Box because it was having a New Year's blowout sale. It was difficult for them to decide what to buy, so Keri went to look at the music players and Phil went to look at the cell phone cases. Keri went over to the"MyPod" display counter where there were about 10 other people testing the music players. She picked up a pink MyPod Shuffler, which was priced at $50. She clipped it to her belt to test the player and continued to walk around the store with it attached to her belt. She wanted to make sure no one else bought the last pink one, in case they decided to use their entire $50 budget to buy the player. After twenty minutes of looking around the store, they agreed to buy a cell phone case for Andrea since it was a bit cheaper. They waited in line for more than fifteen minutes because the place was packed and the lineup was huge. They finally paid for the cell phone case and turned to leave the store. As they were leaving, a security guard who identified herself as Fiona Lester stopped them. Keri panicked, struggled and then tried to get away, but the security guard held onto her arms firmly and made sure that they both followed her to the security office. Once at the office, Fiona Lester asked Keri to empty her pockets and remove her belt. She placed her wallet, the belt and the MyPod Shuffler onto the desk. Keri tried to explain how she had not meant to take the MyPod but had just forgotten it was attached to her belt. Fiona said she didn't believe Keri and called the police and the storeowner, Brian Perez. When Constable Tran (the police officer) arrived at the security office, Fiona Lester explained what she had observed. Keri explained that she had simply forgotten to remove the MyPod Shuffler from her belt. Keri started to cry and apologized to Brian Perez. Phil tried to help Keri by saying that he didn't think she meant to take the player, but was told he should leave. Constable Tran asked Keri a couple of questions and put the music player into a plastic bag and attached a tag to it. He charged her with theft of goods of a value not exceeding five thousand dollars, contrary to section 322(1) of the Criminal Code of Canada. He told Keri her rights and notified her that she would have to come to the police station for fingerprinting the next day. Keri was allowed to go home at about 9PM

Explain the elements of the offence, and whether it has been proven beyond a reasonable doubt and point to any case law to support it.

Answer rating: 100% (QA)

The elements of the offense of theft under the Criminal Code of Canada as outlined in section 3221 i... View the full answer