Dishonesty Flashcards

1
Q

Theft by taking

Act

A
Section 219(1)(a)
Crimes act 1961
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2
Q

Theft by taking

Elements

A

-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

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3
Q

Theft by using or dealing

Elements

A

-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

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4
Q

Theft by using or dealing

Act

A

Section 219(1)(b)

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5
Q

Theft

Penalty

A

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

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6
Q

Dishonestly

A

Without a belief that there was consent or authority from the owner.

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7
Q

Without claim of right

A

No belief in a right to own or possess the property

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8
Q

Uses or deals with

A

Exceeds the authority or conditions given by using or dealing with the property in any manner

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9
Q

Takes

A

Physically moves the property

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10
Q

Any property

A

Anything whatsoever, whether tangible or intangible, that is the property of another person and has value.

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11
Q

With intent to deprive any owner permanently of that property

A

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

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12
Q

With intent to deprive any owner permanently of any interest in that property

A

An intent to deprive the owner permanently of that part of the property to which they have an interest

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13
Q

After obtaining possession or control of that property in whatever manner

A

Obtained possession or control of that property for himself/herself or any other person

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14
Q

Burglary

Act

A
Section 231(1)(a)
Crimes act 1961
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15
Q

Burglary

Penalty

A

Imprisonment not exceeding 10 years

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16
Q

Burglary

Elements

A
  • 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
17
Q

Burglary (having entered)

Act

A
Section 231(1)(b)
Crimes act 1961
18
Q

Burglary (having entered)

Penalty

A

Imprisonment not exceeding 10 years

19
Q

Burglary (having entered)

Elements

A
  • having entered
  • any building OR any ship
  • remains without authority
  • with intent to commit an imprisonable offence in the building OR ship
20
Q

Having entered

A

Is physically inside the building or ship

21
Q

Remains without authority

A

Remains when consent to be within the building or ship no longer applies

22
Q

With intent to commit an imprisonable offence on the building OR ship

A

There must be an intention to commit an imprisonable offence in the building or ship

23
Q

Unlawful interferes with vehicle (conversion of vehicle)

Act

A
Section 226(2)
Crimes Act 1961
24
Q

Unlawful interfere with vehicle (conversion of vehicle)

Penalty

A

2 years imprisonment

25
Q

Unlawful interferes with vehicle (conversion of vehicle)

Elements

A
  • dishonestly
  • without claim of right
  • interferes with
  • any vehicle OR ship OR aircraft
26
Q

Dishonestly getting into OR upon

Act

A
Section 226(2)
Crimes act 1961
27
Q

Dishonestly getting into OR upon

Penalty

A

2 years imprisonment

28
Q

Dishonestly getting into OR upon

Elements

A
  • dishonestly
  • without claim of right
  • gets into OR gets upon
  • any vehicle OR ship OR aircraft
29
Q

Possession of instruments

Act

A

Section 227

Crimes act 1961

30
Q

Possession of instruments

Penalty

A

1 year imprisonment

31
Q

Possession of instruments

Elements

A
  • Without lawful authority or excuse
  • has in his possession
  • any instrument capable of being used for taking or converting
  • any vehicle OR ship OR aircraft
  • with intent to use for such a purpose