0F03- Theft ( By using or dealing) (NOT EXAM 2)

Question 1

What are the elements of Theft (By using or dealing) ?

Answer 1

1) Dishonestly
2) Without claim of right
3) Uses or deals with
4) Any property
5) With intent to deprive any owner permanently or that property OR with intent to deprive any owner permanently of any interest in that property.
6) After obtaining possession or control of that property in whatever manner.

Question 2

Define Uses of deals with….

Answer 2

1) Exceeds the authority or conditions given by using or dealing with the property in any manner.
2) to use or deal you must first gain possession or control of property then begin to make decisions about said property like you owned it

Question 3

Define After obtaining possession or control of that property in whatever manner.

Answer 3

Legally obtained possession or control of that property for himself/herself or any other person.

Question 4

Define Claim of right

Answer 4

At the time of the act the person believed that they or someone else had a right to own or possess the property that is the subject of the offence.

Question 5

Define Ownership

Answer 5

A person is the owner of any property if at time of theft they :

1) Possession or control of the property
2) any interest in the property
3) the right to take possession of the property.

Question 6

Punishment for theft

Why is it important?

Answer 6

determines the penalty imposed upon conviction.
Offence against section220 (person in a special relationship) prison not exceeding 7yrs.
-more than $1000= prison not exceeding 7yrs
- $500-$1000=prison not exceeding 1yr
-less then $500= Prison not exceeding 3 months.