Reference no: EM132980957
Question - Nona is Zakie best friends. They have known each other for 12 years. Being on friendly terms with Zakie, she always goes into Zakie's house even when Zakie's was absence and always takes away some books or clothing's without Zakie's express consent. Nona was under the impression that she had Zakie's implied consent to take the books or the clothing. Zakie's always understand that Nona took the books for the purpose of reading it or using the clothing and believed that Nona will be returning them back afterwards.
However, when Zakie was in Sunday Second-hand Markets in Subang, she noticed that some of her clothing and collection of books are on sales in one of the stalls.
Upon inquiry to the seller she was notified that the seller bought these goods from a young lady who met the description of Nona. Zakie was furious and confronted Nona about the sale. Nona confirmed that she has been selling Zakie's things for the last 2 years. According to her the sales amounted to RM 6000 and she used the money from the sale to buy new things for herself.
She also told Zakie to do the same as all her clothing are out of fashion. Furthermore, since Zakie's never question her action before, and gave her keys to the house she was confident that she has the permission to do such sales.
The housekeeper informed Zakie's that Nona also uses the sport car belonging to Zakie whenever Zakie went outstation. The housekeeper said in many occasion Nona demanded her to unlock the study room and she took the car key out of the study table. Nona also warned the housekeeper not to tell Zakie about it.
Nona said no harm will come to the sport car she only intending to enjoy driving the luxury car.
However, she always returned it back before Zakie comes home. Zakie need your advice on these matters.
Required -
(i) Explain the elements of actus reus and mens rea necessary to determine whether Nona has committed theft or misappropriation against his property.
(ii) Identify the possible crime and the suspect committing the offence
(iii) Discuss the punishment for the offence if committed.