This is correct, and I don't at any point advocate that our legislation is always correct, but this is what we have to work with, and live with. Stealing by mistake, or stealing by finding is legislated, but also is technical. Just like the Australian road rules for example, does anyone physically check and sight the drivers licence of a friend or spouse before letting them drive your vehicle? I would suspect not, but the Act says you have to. A technicality, but law!
I agree with some of the comments on this thread, and the prosecution would need to prove beyond reasonable doubt, which is a high burden to reach, but the defense only needs to reach the burden of balance of probabilities. if you revert to my previous comments about how good your lawyer is in having certain evidence or facts omitted, putting doubt in a magistrates mind in a steal by finding would be relative easy, for some (I have seen some ordinary defense lawyers) Not sure about tendering this thread as evidence, I would immediately object to that action stating hearsay, or allow if you called every participant as a witness and allow me the opportunity to cross examine them, and I know that would not happen so I would roll the dice with confidence on that objection.
Under NSW criminal law, there is an offence of goods in custody, now that's interesting if you were charged with having an amenity kit in your possession illegally (i.e.: unlawful possession) the burden of proof under this offence shifts to the accused ( or defendant) to prove they were legally allowed to have it. This offence is the only criminal offence in NSW whereby the accused has the onus to prove they were allowed to have the item. This poses another question as to which jurisdiction is applicable on the aircraft on an international flight. Before customs, are you still under international law, or commonwealth law or state law? The Tokyo convention may not apply in this instance because there is no threat to a person or property, but what is the definition of 'threat'. See this is complicated, and why the application of law is so fascinating, if you like that stuff, but i can see that it can also be so frustrating if does not go your way. This is why people defend matters with so much passion and vigor because they think their reasoning is always right. Interesting topic to follow.
