Dishonesty Offences Flashcards
Offence: Unlawful Takes Vehicle
[Dishonestly]
(Without belief of consent, or authority)
+
[Without Claim of Right]
(no belief of ownership, or right to posses)
+
[But not to a level of being guilty of theft]
(unable to prove intent to deprive permanently)
+
[Takes]
(Moves)
+
[For any persons purpose]
(theirs or others purpose)
+
[Any mode of transport, or part of]
(Vehicle, including horse, or parts of vehicles)
Offence: Unlawful Use of Vehicle
[Dishonestly]
(Without belief of consent, or authority)
+
[Without Claim or right]
(No belief of ownership, or right to posses)
+
[But not to a level of being guilty of theft]
(unable to prove intent to deprive permanently)
+
[Uses]
(Gains possession, or control and then exceeds, authority or conditions of use)
+
[For any persons purpose]
(theirs or others purpose)
+
[Any mode of transport]
(vehicle, parts of vehicles)
Offence: Theft
Dishonestly
(Without belief of consent, or authority)
+
Without Claim of Right
(No belief of ownership, or right to posses)
+
Takes
(Physically moves the property
+
Any Property
(Anything that is property of a person and has value)
+
With intent to deprive, permanently of that property or interest in property
(Intent to deprive permanently, or make it so it cannot be restored. Applying to personal interest also.)
Theft Element: Takes
Take part of theft occurs when offender physically moves a tangible object, or causes it to be moved.
Offence: Theft ‘Using or Dealing’
Dishonestly
(Without belief of consent, or authority)
+
Without claim of right
(No belief of ownership, or right to posses)
+
Uses or Deals with
(Exceeds the authority, or conditions of the property used/ obtained)
+
Any Property
(Anything that is property of a person and has value)
+
With intent to deprive permanently, or owners interest in property
(Intent to deprive permanantly, or make it unable to be restored)
+
After obtaining possession, or control of property in whatever manner
(Obtained possession, or control, for themselves or another person)
Theft ‘uses, or deals’ Element: Uses, or Deals with
Exceeds the authority, or conditions given by using or dealing with the property in any manner outside that already agreed on
Theft in special relationship
Any person who has recieved, is in possesion, or controls any property that they are required to account for, or deal with the property and the proceeds arising from this in a specific way.
Theft of Animals
Anyone who KILLS an animal that is property of another person, with intent to then steal part of that animal has committed theft.
Theft by Spouse
Despite being in a domestic relationship and having shared ownership of property, a person may still be convicted of theft of another persons property
Theft Element: Dishonestly
Without belief of consent, or authority
Theft Element: Without claim of right
No belief of ownership, or right to posses
Theft Element: Any Property
Anything that is property of another person; tangible, or intangible, that has value
Theft Element: With intent to deprive
Intent to remove property permanently, or make it unable to be restored
Interest in property
Owner can have partial interest in a property, when theft occurs they are deprived of their interest in that property
Theft ‘uses, or deals’ Element: After obtaining
Part of theft by using offence: Upon obtaining possession, or control of that property, for themselves or another
Offence: Burglary
Enters
(Entry occurs as soon as some part of person, or instrument/extension of that person enters)
+
Any structure, or part of structure
(Structure can be anything that is permanent, or temporary that can be entered, including covered entrances, or enclosed yards, or used in navigation)
+
Without Authority
(No authority from any person that could be believed to legally give consent)
+
With Intent to commit an imprisonable offence in the structure
(Intention to commit an imprisonable offence once inside is key to burglary)
Burglary Element: Enters
Enters at any point, any part of any structure, whether permanent or temporary; and with any part of their body, or an extension, or instrument in use by them.
Burglary Element: Any Structure, or Part of a structure
A building or structure of any kind, that can be entered in some way. Including entrance way, alcove, vessel; temporary or permanent.
Burglary Element: Without Authority
No authority from any person that could be reasonably believed to have legal authority to give consent
Burglary Element: With Intent to commit an imprisonable offence
Persons INTENT to commit an imprisonable offence must be present and proved for this offence.
Attempt to enter
Burglary does not occur if the person does not enter the building in some form. If they have not entered a building, but are obviously in the act of attempting entry, or show intent to enter. This is classed as an attempt to enter.
Burglary ‘Having Entered’ Offence:
Same offence as burglary
Only difference:
Having entered the structure, through lawful authority
(Lawfully permitted inside structure)
+
Remains without Authority
(Remains past reasonable point of implied, or intended consent)
Must still have intent to commit imprisonable offence
Aggravated Burglary Offence:
Offence of burglary, but while committing, or having committed offence:
Has a weapon with them, or uses anything as a weapon, or has ready access to a weapon.
Has commited the offence of burglary and then has a weapon, or uses anything as a weapon while still inside the structure.
Robbery Offence:
Theft Offence has occurred
(elements of theft have all occured)
+
Accompanied by Violence, or threats of
(Violence, before, or at time of theft; or threat of violence)
+
To any person, or property
(Person has had violence inflicted on them, another, or their property, or threatened)
+
Used to extort the property stolen, or prevent/ overcome resistance to theft
(threats are sufficient, or use of force overcomes resistance to theft)
Robbery Element: Theft Complete
Elements of theft have occurred for the robbery aspects to be applicable
Robbery Element: Accompanied by Violence, or threats of violence
Violence occurs at some point during theft, or threat of violence
Robbery Element: To any person, or property
Persons, or property has violence inflicted on them, or a threat of violence
Robbery Element: Used to extort the property, or prevent resistance
Threats, or use of force to take, or gain the property, including overcoming resistance
Must theft occur for Robbery to occur?
Yes:
Without the elements of theft occurring, the offence is not robbery.
Violence without completed elements of theft is assault, or demanding with menace e.t.c,
Theft without Violence Vs Theft with Violence
Theft without Violence is Theft
Theft with Violence is Robbery
Aggravated Robbery Offence:
Robbery occurs, but during the robbery:
Robbery and at time, before, or after causes grievous bodily harm;
or
Is with another person that also assists with the robbery, including their presence as menace;
or
Armed with an offensive weapon, or instrument; or makes it known they have possession of.
Receiving Offence:
Receives
(Exclusive, or joint; possession, or control over anything unlawfully obtained, or helps in concealment, or disposal)
+
Any property Stolen, or obtained by another imprisonable offence
(Anything, tangible or intangible; is the property of a person and has value, Or anything that is property obtained by an imprisonable offence other than theft)
+
Knowing that property is stolen, or obtained; Or being reckless to not know the property had been stolen or obtained
(Believing, or unreasonable lack of awareness that property was stolen, or obtained
Receiving Element: Receives
Takes joint, or exclusive possession or control over anything unlawfully obtained; or helps in concealment or disposal
Receiving Element: Any property stolen, or obtained through imprisonable offence
Anything, tangible or intangible, that is the property of another and has value. Including anything obtained through an imprisonable offence other than theft
Receiving Element: Knowing that property is stolen, or obtained; Or reckless to lack this knowledge
Believing, or recklessly unaware that property was stolen or obtained through an offence
Types of Possesion, or Control
Awareness of items location
Awareness that item is stolen
Actual or potential control of item
Intention to exercise control over property
Original property vs Material change relating to receiving offence
For the offence of receiving to occur, a person must receive part or all of the originally stolen property, and know that this property is stolen.
If the stolen property is altered into money, or switched at some point to not be in any aspect the original property. This is not receiving stolen property.
Receiving is taking into possession an item, or originally stolen money.
Taking large sums of altered money, so as not to be the originally stolen money could be considered an aspect of money laundering rather than receiving.
Stolen vs Obtained: Receiving Offence
Stolen is property taken through theft of some kind
Obtained is property possessed through other offences such as burglary, or robbery
Unlawfully Interferes with Vehicle Offence
Dishonestly (Without belief of consent, or authority from owner) \+ Without Claim of right (No belief in right to own, or posses the property) \+ Interferes with (Touches, or deals with) \+ Any form of powered transportation (A vehicle in any sense)
Element: Dishonestly
Without belief of consent, or authority from owner
Element: Without Claim of Right
No belief of right to posses, or own the property
Element: Interferes
Touches, or deals with another persons property
Element: Any Vehicle
A vehicle in any sense
