Crimes Againts Property

Question 1

Robbery

Answer 1

A person is guilty of robbery if he or she uses force on any person, or puts any person in fear of force being used on him or her, immediately before or during the act of stealing. If the offender is carrying a firearm or offensive weapon, they can be found guilty of armed robbery.

Question 2

Burglary

Answer 2

A person is guilty of burglary if he or she enters any building as a trespasser with the intent to:
• steal
• assault a person
• damage the building or property.
If the trespasser is carrying a firearm or offensive weapon, they can be found guilty of aggravated burglary.

Question 3

Fraud

Answer 3

Fraud is divided into a series of offences including the offence of obtaining property by deception with the intention of permanently depriving the other person of it and obtaining financial advantage by deception.
Fraud is a serious offence with consequences that can be very severe, leaving victims in considerable financial debt. It is therefore necessary for the law to clearly indicate to the community that such activities are unacceptable. It is also necessary to try to deter others from committing similar crimes.
The maximum penalty for obtaining property by deception or obtaining financial advantage by deception is 10 years.

Question 4

Identity theft

Answer 4

Identification information includes name and address, credit card numbers, driver’s licence number, passport number, digital signature and Australian business number. It is an offence to make, use or supply identification information (maximum three years’ imprisonment). It is also an offence to possess identification information or equipment used to make identification documents (maximum three years’ imprisonment).
It is not an offence to attempt to commit an identity crime offence.

Question 5

Destroying or damaging property

Answer 5

It is illegal to intentionally destroy or threaten to destroy property belonging to another person without lawful excuse. It is also illegal for a person to destroy his or her own property for personal gain. If a person’s life is endangered, the offence carries a heavier penalty. It is an offence to possess anything with the purpose of using it to destroy or damage property.

Question 6

Arson

Answer 6

Deliberately lighting or spreading bushfires is a crime, often referred to as arson. Arson causing death is a more serious offence.
The maximum penalty for destroying or damaging property is 10 years in prison and arson causing death 25 years.

Question 7

Graffiti

Answer 7

The Graffiti Prevention Act 2007 creates graffiti-related offences, provides search and seizure powers for members of the police force and gives local councils the power to enter private property for the purpose of removing graffiti. Under this Act a person must not:
• mark property without express consent (penalty: two years’ imprisonment)
• possess an implement for creating graffiti, without lawful excuse, on property of a transport company, in an adjacent public place or in a place where the person is trespassing (penalty: 25 penalty units)
• possess a graffiti implement with the intent to mark graffiti (penalty: 25 penalty units).

Question 8

Theft plus shoplifting

Answer 8

Theft is an indictable offence that involves dishonestly taking (stealing) a person’s property with the intention of permanently depriving the person of it. Minor theft charges are usually heard under the summary jurisdiction of the Magistrates’ Court.
Theft includes shoplifting (also known as shop stealing or shop theft). Shoplifting is theft, even though the value of the goods that are stolen may be small. goods must be valued at, or displayed for sale at, a price less than $600. Someone caught shoplifting can be given a ‘cautioning notice’ by the police. This does not require them to go to court. Alternatively they could be prosecuted in court.