Minor theft Flashcards
Define minor theft.
A person is guilty of theft if they ‘dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it’ (Crimes Act, section 74)
What constitues/classifies as minor theft?
Value under $10,000 and/or a motor vehicle.
Define the nature and seriousness of the offence. (minor theft)
Nature: property and deception offences.
Seriousness: Indictable however can be heard summarily.
What are the 3 elements of minor theft?
- Accused appropriated property belonging to another
- Took property with the intention of permanently depriving the other of it
- Accused acted dishonestly.
Define ‘ the accused appropriated property belonging to another’
This means the accused took another person’s property, assuming the rights to control and possess property
Define ‘accused took the property with the intention of permanently depriving the other of it.’
Prosecution must prove the offender intended to permanently deprive the other of it, meaning to not give it back. If property has been fundamentally changed, considered to have permanently deprived (e.g stealing, using concert ticked but then returning it would be theft).
Define what is meant by ‘the accused acted dishonestly.’
Not dishonest if:
- had legal right to deprive
- owner would have consented to appropriation if they knew accused was going to take, given the circumstances.
- Owner could not be discovered by taking reasonable steps.
(Applies in circumstances where someone finds property or receives by mistake.)
- as long as recipient believed owner could not be identifies or located by taking reasonable steps, not guilty of theft.
- HOWEVER, if property has been abandoned, NOT THEFT.
BUT if property is lost, IT IS THEFT
What are the defences to theft?
Proving that an element has not been satisfied, general defences, subjective belief, inability to obtain permission of owner, claim of right.
What is subjective belief as a defence?
- Accused believed they had legal right
- accused’s belief based on genuine mistake or had legal claim of right
- accused’s belief they would have owner’s consent given the circumstances
Explain inability to obtain permission of owner as defence.
Owner could not be discovered, even though reasonable steps were taken.
Explain claim of right as a defence.
- used when accused genuinely believes they have claim of right (bona fide)
- Extends to someone who takes property on behalf of, with, or someone has genuine claim of right.
What is the role of common law in minor theft?
Courts decide what is meant by ‘appropriate’ and ‘property’
- what is meant by ‘permanently deprive’
What is the role of statute law in minor theft?
Crimes act contains main provisions relating theft.
- (what theft-related offences are)
Continues to establish statutory theft in offences (e.g Wage theft act)
