Dishonesty Offences

Question 1

Offence: Unlawful Takes Vehicle

Answer 1

[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)

Question 2

Offence: Unlawful Use of Vehicle

Answer 2

[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)

Question 3

Offence: Theft

Answer 3

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.)

Question 4

Theft Element: Takes

Answer 4

Take part of theft occurs when offender physically moves a tangible object, or causes it to be moved.

Question 5

Offence: Theft ‘Using or Dealing’

Answer 5

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)

Question 6

Theft ‘uses, or deals’ Element: Uses, or Deals with

Answer 6

Exceeds the authority, or conditions given by using or dealing with the property in any manner outside that already agreed on

Question 7

Theft in special relationship

Answer 7

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.

Question 8

Theft of Animals

Answer 8

Anyone who KILLS an animal that is property of another person, with intent to then steal part of that animal has committed theft.

Question 9

Theft by Spouse

Answer 9

Despite being in a domestic relationship and having shared ownership of property, a person may still be convicted of theft of another persons property

Question 10

Theft Element: Dishonestly

Answer 10

Without belief of consent, or authority

Question 11

Theft Element: Without claim of right

Answer 11

No belief of ownership, or right to posses

Question 12

Theft Element: Any Property

Answer 12

Anything that is property of another person; tangible, or intangible, that has value

Question 13

Theft Element: With intent to deprive

Answer 13

Intent to remove property permanently, or make it unable to be restored

Question 14

Interest in property

Answer 14

Owner can have partial interest in a property, when theft occurs they are deprived of their interest in that property

Question 15

Theft ‘uses, or deals’ Element: After obtaining

Answer 15

Part of theft by using offence: Upon obtaining possession, or control of that property, for themselves or another

Question 16

Offence: Burglary

Answer 16

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)

Question 17

Burglary Element: Enters

Answer 17

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.

Question 18

Burglary Element: Any Structure, or Part of a structure

Answer 18

A building or structure of any kind, that can be entered in some way. Including entrance way, alcove, vessel; temporary or permanent.

Question 19

Burglary Element: Without Authority

Answer 19

No authority from any person that could be reasonably believed to have legal authority to give consent

Question 20

Burglary Element: With Intent to commit an imprisonable offence

Answer 20

Persons INTENT to commit an imprisonable offence must be present and proved for this offence.

Question 21

Attempt to enter

Answer 21

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.

Question 22

Burglary ‘Having Entered’ Offence:

Answer 22

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

Question 23

Aggravated Burglary Offence:

Answer 23

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.

Question 24

Robbery Offence:

Answer 24

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)

Question 25

Robbery Element: Theft Complete

Answer 25

Elements of theft have occurred for the robbery aspects to be applicable

Question 26

Robbery Element: Accompanied by Violence, or threats of violence

Answer 26

Violence occurs at some point during theft, or threat of violence

Question 27

Robbery Element: To any person, or property

Answer 27

Persons, or property has violence inflicted on them, or a threat of violence

Question 28

Robbery Element: Used to extort the property, or prevent resistance

Answer 28

Threats, or use of force to take, or gain the property, including overcoming resistance

Question 29

Must theft occur for Robbery to occur?

Answer 29

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,

Question 30

Theft without Violence Vs Theft with Violence

Answer 30

Theft without Violence is Theft

Theft with Violence is Robbery

Question 31

Aggravated Robbery Offence:

Answer 31

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.

Question 32

Receiving Offence:

Answer 32

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

Question 33

Receiving Element: Receives

Answer 33

Takes joint, or exclusive possession or control over anything unlawfully obtained; or helps in concealment or disposal

Question 34

Receiving Element: Any property stolen, or obtained through imprisonable offence

Answer 34

Anything, tangible or intangible, that is the property of another and has value. Including anything obtained through an imprisonable offence other than theft

Question 35

Receiving Element: Knowing that property is stolen, or obtained; Or reckless to lack this knowledge

Answer 35

Believing, or recklessly unaware that property was stolen or obtained through an offence

Question 36

Types of Possesion, or Control

Answer 36

Awareness of items location
Awareness that item is stolen
Actual or potential control of item
Intention to exercise control over property

Question 37

Original property vs Material change relating to receiving offence

Answer 37

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.

Question 38

Stolen vs Obtained: Receiving Offence

Answer 38

Stolen is property taken through theft of some kind

Obtained is property possessed through other offences such as burglary, or robbery

Question 39

Unlawfully Interferes with Vehicle Offence

Answer 39

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)

Question 40

Element: Dishonestly

Answer 40

Without belief of consent, or authority from owner

Question 41

Element: Without Claim of Right

Answer 41

No belief of right to posses, or own the property

Question 42

Element: Interferes

Answer 42

Touches, or deals with another persons property

Question 43

Element: Any Vehicle

Answer 43

A vehicle in any sense