OF02 Flashcards
What are the elements of theft
5 elements
- 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
What section of the crimes act is theft by taking
219 (1)(a)
What does dishonestly mean
Without a belief that there was consent or authority from the owner
Describe without claim of right
No belief in a right to own or possess the property
Describe without claim of right
No belief in a right to own or possess the property
Describe “takes”
Physically moves the property
Describe “any property”
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value
Describe “ with intent to deprive any owner permanently of that property”
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 it’s original condition
Describe “ with intent to deprive any owner permanently of any interest in their property”
An intent to deprive the owner permanently of that part of the property in which they have an interest
What are the elements of “theft” by using or dealing
6 elements
- Dishonestly
- Without claim of right
- Uses or deals with
- 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
- After obtaining possession or control of that property in whatever manner
Describe “Uses or deals with”
Exceeds the authority or conditions given by using or dealing with the property in any manner
Describe “after obtaining possession or control of that property in whatever manner”
Legally obtained possession or control of that property for himself/herself or any other person
