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Question 2

2025 Bar · Criminal Law · 1 sub-question

2. X surreptitiously hauled detergent cases from ABC Supermarket to its open parking area where Y waited. X returned inside, came out with more detergent cases, and unloaded them in the same spot. Thereafter, X and Y hailed a taxi and loaded the detergent cases into the vehicle. The security guard who had been observing their peculiar behavior stopped the taxi and asked X and Y for a receipt for the merchandise. However, X and Y alighted the taxi and ran away. But before they could leave the premises of ABC Supermarket, they got arrested. Taking into consideration that X and Y did not have the opportunity to dispose of the goods, the prosecution charged them only with frustrated theft. Is the charge correct? Reason(s).

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