Where an accused pawns another's property without consent as security for a loan, the statutory deemed intention to permanently deprive under ss 73(12) and 73(13) of the Crimes Act 1958 (Vic) is capable of being satisfied regardless of the accused's subjective hope of redeeming the property, history of making interest payments, or prior redemptions of other items. A prosecution for theft in such circumstances is not foredoomed to fail.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.