Lesson 5.1 - Acquisitive Crimes (Theft)

Question 1

What are the essential elements for theft?

Answer 1

• There was appropriation of the property
• The taking of the property for felonious
• There was intent to deprive the owner
• The property belonged to another

Question 2

How can appropriation of property be carried out?

Answer 2

• Taking, or
• Finding, or
• Other conduct that deprives the owner of their right to enjoy the property

Question 3

What are the two ways intentionally to deprive the owner?

Answer 3

• Intention to derive the owner permanently; or

- Intention to deprive the owner temporarily

Question 4

What can be stolen?

Answer 4

In order for something to be stolen it must:

• Belong to someone else, and
• Be a physical thing, and
• Be able to be moved

Question 5

What is your power of arrest for theft?

Answer 5

S1 of the CJS Act 2016. However a RPW or an FPN can be issued

Question 6

How can Doctrine of Recent Possession show Theft was committed?

Answer 6

• The property was stolen, and
• Shortly thereafter it was traced to the physical or constructive possession of the accused, and
• There is no reasonable explanation of such possession given
• There are other incriminating circumstances