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Craig makes a good point regarding change of position.

Regarding theft -- in Canada -- the Supreme Court of Canada in R. v. Milne, [1992] 1 S.C.R. 697, rejected the void/voidable distinction for Criminal law purposes. Here is how Justice Gonthier explained it:

"...The purpose of the distinction between void and voidable in the context of the law of property is largely (though perhaps not exclusively) to protect innocent third parties who have relied on the legitimacy of the transaction which has apparently taken place. Such a purpose has no analogue in the criminal law. The criminal law is concerned with the guilt or innocence of the accused, and to this end focuses on the actions and knowledge of the accused. The criminal law does not affect the interests of third parties in the way that the law of property can....

Where a transferor mistakenly transfers property to a recipient, and the recipient knows of the mistake, property does not pass for the purpose of the criminal law if the law of property creates a right of recovery, no matter whether the original transfer is said to be void or voidable. The distinction between void and voidable transfers has no purpose in the context of the criminal law. In either case, where the law of property provides at least a right of recovery, property does not pass for the purpose of the criminal law. If the recipient then converts the property to his own use fraudulently and without colour of right, and with intent to deprive the transferor of the property, he is guilty of theft."

Cheers, Karl Dore.