Un accusé peut être condamné pour vol à l'étalage même s'il n'a pas quitté le commerce où il a volé le bien

R. v. Beales, 2012 CanLII 582 (NL PC)

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[20]   The evidence establishes that on April 9, 2011, Ms. Beales walked out of the Zellers store with a stroller which belonged to Zellers and which she had neglected to pay for.  A judge can draw an inference that leaving a store with an unpaid item illustrates intent to deprive the store of its property.  However, the offence of theft can be established without an accused person leaving the premises of a store (see section 322(2) of the Criminal Code) if the Crown can prove that the accused took or converted an item with the intent to deprive the store of its property.  As we have seen, such a deprivation does not have to be a permanent one.

[21]   In this case, it seems reasonable to conclude that Ms. Beales, having arrived at Zellers without a stroller and having left with one, must have known she had not paid for it.  In addition, using a stroller which was for sale to push your child around a store is a peculiar option to resort to in order to calm an upset child.  However, people do not always act reasonably.  Mistakes can and do happen.  Peculiar actions are not unheard of.  Though it is appropriate for a trial judge to use, in part, an objective test in assessing the reasonableness of an accused person’s actions it is important that such an approach not be taken too far.  An accused person’s actions must ultimately be assessed on a subjective basis with all of the weaknesses and peculiarities of the specific accused being weighed   Acting unreasonably or peculiarly is not the same as acting unlawfully. 

[22]   The evidence presented here is not sufficient to establish beyond a reasonable doubt that Ms. Beales had the necessary intent to commit the offence of theft.  Ms. Beales testified in a clear, direct and compelling fashion.  I accept her evidence as being accurate and truthful.  I conclude that she made a mistake and that she never intended to deprive, temporarily or absolutely, Zellers of its stroller. Her child’s behaviour caused her to lose her focus and led to an honest mistake occurring.  This conclusion must result in an acquittal being entered.