OF03 Dishonesty Offences Burglary and Theft

Question 1

what are the penalties of Theft

Answer 1

Sec 223 CA1961

If the value of the property

is less than $500:
- term of imprisonment not exceeding 3 months

is between $500 and $1000
- a term of imprisonment not exceeding 1 year

is over $1000
- a term of imprisonment not exceeding 7 years

Question 2

What is the definition of ownership in regards to theft

Answer 2

A person is regarded as the owner if, at the time of the theft, that person has:

possession or control of the property

any interest in the property, or

the right to take possession or control of the property

Question 3

Theft by Taking elements

Answer 3

Dishonestly :
Without a belief that there was consent or authority from the owner

Without claim of right:
No belief in a right to own or possess the property

Takes:
physically moves the property

Any property:
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value

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 its original condition

OR

With intent to deprive any owner permanently of any interest in that property:
An intent to deprive the owner permanently of that part of the property of which they have an interest

Question 4

The Offence of Taking by Using or Dealing

Answer 4

Dishonestly:
Without a belief that there was consent or authority from the owner

Without claim of right:
No belief in a right to own or possess the property

Uses or deals with:
Exceeds the authority or conditions given by using or dealing with the property in any manner

Any Property:
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value

With intent to deprive any owner permanently of that property:
An intent to deprive the owner permenently of the property
OR
Deal with the property in a manner so that it cannot be restored to its original condition

OR

With intent to deprive any owner permanently of any interest in that property:
An intent to deprive the owner permanently of that part of the property to which they have an interest

After obtaining possession or control of that property in whatever manner:
Obtained possession or control of that property for himself/herself or any other person

Question 5

What does “dishonestly” mean?

Answer 5

without a belief that there was consent, or authority from the owner

Question 6

What does “claim of right’ mean?

Answer 6

no belief in a right to own or possess the property

Question 7

what is the definition of property?

Answer 7

anything whatsoever, whether tangible or intangible, that is the property of any person and has value

Question 8

What are the sections and Act for Theft charges?

Answer 8

Sections 219(1)(a) and 223(b) (c) (d)

Question 9

How can “intent” be proved?

Answer 9

by analysing the ACTIONS of the offender before, during and after the offending

Question 10

what is the Section, Act and penalty for Burglary?

Answer 10

Section 231(1)(a) Crimes Act 1961

penalty 10 years imprisonment

Question 11

Elements of Burglary

enters

Answer 11

Enters:
Entry is complete as soon as any part of the body of the person or any part of any instrument used by the person, is within the building or ship

Any building: any building or structure
OR
Any ship: any vessel used in navigation however propelled
OR
Any part of a building
OR
Any part of a ship

Without authority:
An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent

With intent to commit an imprisonable offence in the building:
There must be an intention to commit an imprisonable offence in the building OR ship

Question 12

what are the elements of Burglary (having entered)

Answer 12

Having entered:
Is physically inside the building or ship

Any building:
Any building or structure of any description whether permanent or temporary
OR
Any ship:
Any vessel used in navigation however propelled

Remains without authority:
Remains when consent to be within the building or ship no longer applies

with intent to commit an imprisonable offence in the building OR ship:
There must be intention to commit an imprisonable offence in the building or ship

Question 13

What is the extra element for Aggravated Burglary?

What is the penalty?

Answer 13

While committing burglary , has a weapon with him or her or uses anything as a weapon: or

having committed burglary has a weapon with him or her, or uses anything as a weapon, while still in the building or ship

penalty imprisonment not exceeding 14 years