Dishonesty Flashcards
Theft by taking
Act
Section 219(1)(a) Crimes act 1961
Theft by taking
Elements
-dishonestly
-without claim of right
-takes
-any property
-with intent to deprive any owner permanently of that property
OR
-with intent to deprive any owner permanently of any interest in that property
Theft by using or dealing
Elements
-dishonestly
-without claim of right
-uses or deals with
-any property
-with intent to permanently deprive any owner of that property
OR
-with intent to deprive any owner permanently of any interest in that property
-after obtaining possession or control of that property in whatever manner
Theft by using or dealing
Act
Section 219(1)(b)
Theft
Penalty
a) Theft by person in special relationship
- imprisonment not exceeding 7 years
b) value >$1000
- imprisonment not exceeding 7 years
c) value >$500
- imprisonment not exceeding 1 year
d) value
Dishonestly
Without a belief that there was consent or authority from the owner.
Without claim of right
No belief in a right to own or possess the property
Uses or deals with
Exceeds the authority or conditions given by using or dealing with the property in any manner
Takes
Physically moves the property
Any property
Anything whatsoever, whether tangible or intangible, that is the property of another person and has value.
With intent to deprive any owner permanently of that property
An intent to deprive the owner permanently of the property
OR
Deal with the property in a manner so that it cannot be restored to its original condition
With intent to deprive any owner permanently of any interest in that property
An intent to deprive the owner permanently of that part of the property to which they have an interest
After obtaining possession or control of that property in whatever manner
Obtained possession or control of that property for himself/herself or any other person
Burglary
Act
Section 231(1)(a) Crimes act 1961
Burglary
Penalty
Imprisonment not exceeding 10 years
Burglary
Elements
- enters
- any building OR any ship OR any part of a building OR any part of a ship
- without authority
- with intent to commit an imprisonable offence in the building OR ship
Burglary (having entered)
Act
Section 231(1)(b) Crimes act 1961
Burglary (having entered)
Penalty
Imprisonment not exceeding 10 years
Burglary (having entered)
Elements
- having entered
- any building OR any ship
- remains without authority
- with intent to commit an imprisonable offence in the building OR ship
Having entered
Is physically inside the building or ship
Remains without authority
Remains when consent to be within the building or ship no longer applies
With intent to commit an imprisonable offence on the building OR ship
There must be an intention to commit an imprisonable offence in the building or ship
Unlawful interferes with vehicle (conversion of vehicle)
Act
Section 226(2) Crimes Act 1961
Unlawful interfere with vehicle (conversion of vehicle)
Penalty
2 years imprisonment
