OF03 Dishonesty Offences (Theft/Burg)

Question 1

What are the elements of theft by taking?

Answer 1

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.

Question 2

Breakdown the theft element - dishonestly:

Answer 2

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

Question 3

Breakdown the theft element - without claim of right:

Answer 3

no belief in the right to own or possess the property

Question 4

Breakdown the theft element - takes:

Answer 4

physically moves the property

Question 5

Breakdown the theft element - any property:

Answer 5

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

Question 6

Breakdown the theft element - with intent to deprive any owner permanently of that property/interest in that property:

Answer 6

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, an intent to deprive the owner permanently of that part of the property in which they have an interest.

Question 7

What are the elements of Theft by using or dealing?

Answer 7

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.

Question 8

Breakdown the theft element - uses or deals with:

Answer 8

Exceeds the authority or conditions given by using or dealing with the property in any manner.

Question 9

Breakdown the theft element - after obtaining possession or control of that property in whatever manner:

Answer 9

legally obtained possession or control of that property for himself/herself or any other person

Question 10

What are the elements for Burglary?

Answer 10

Enters, any building/part of/ship, without authority, with intent to commit an imprisonable offence inside

Question 11

Breakdown the burglary element - enters:

Answer 11

Any part of a person or an instrument used by them is within any part of the building/ship.

Question 12

Breakdown the burglary element - any building/ship/part of:

Answer 12

building/ship/front yard (if fenced 3 sides), tents, cara, row boats, etc

Question 13

Breakdown the burglary element - without authority:

Answer 13

absence of authority (expressed or implied) from a person the defendant believes is legally able to give them consent

Question 14

Breakdown the burglary element - with intent to commit an imprisonable offence within:

Answer 14

there must be an intention to commit an imprisonable offence in the building/ship.

Question 15

What are the elements of burglary (having entered)?

Answer 15

Having entered, a building/ship remains without authority, with intent to commit an imprisonable offence in the building or ship.

Question 16

What are the imprisonment terms in relation to the value of the property that was taken?

Answer 16

< $1000 = Up to 7 years
$500 > $1000 = Up to one year
> $500 = Up to three months

Question 17

What makes a burglary, Aggravated Burglary?

Answer 17

The presence of a weapon. Note the difference between something arbitrary that could potentially be used as a weapon, vs something that is clearly present only for weapon purposes. Must be caught within building

Question 18

What is the punishment for aggravated burglary?

Answer 18

max 5 years

Question 19

For Possession of instruments for Burglary, what are the elements? (Not OA).

Answer 19

Without lawful authority or excuse, has in his or her possession, any instrument capable of being used for burg, with intent to use it for such purpose.

Question 20

For Possession of instruments for Burglary, what are the elements? (Not OA).

Answer 20

Without lawful authority or excuse, has in his or her possession, any instrument capable of being used for burg, with intent to use it for such purpose.

Question 21

What are the elements of Robbery?

Answer 21

Theft, accompanied by violence OR threats of violence, to any person OR to any property, used to extort the property stolen OR to prevent or overcome resistance to the property being stolen.

Question 22

Breakdown the robbery element - accompanied by violence/accompanied by threats of violence

Answer 22

Violence/ threats of, before or at the time of the theft. Demonstrated by conduct or words.

Question 23

Breakdown the robbery element - used to extort the property stolen OR to prevent or overcome resistance to the property being stolen:

Answer 23

Violence or threats are sufficient to cause the person to hand over the property against their will.
Property is taken by offender after any resistance so it’s taking has been prevented or overcome.

Question 24

What is aggravated robbery?

Answer 24

Robbery where there is grievous bodily harm caused, or there are at least 2 robbers, or the robber is armed with a weapon.

Question 25

What is assault with intent to rob?

Answer 25

Assault with the intent to rob someone, but the robbery does not take place.

Question 26

What is demanding with menaces?

Answer 26

Demands and threatens in order to obtain property, but no theft actually takes place.

Question 27

What are the elements of Receiving?

Answer 27

Receives, any property stolen OR any property obtained by any other imprisonable offence, knowing that property to have been stolen or so obtained OR being reckless as to whether the property had been stolen or so obtained.

Question 28

Breakdown the Receiving element - receives:

Answer 28

has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

Question 29

What is the doctrine of recent possession?

Answer 29

The person in possession of the stolen property must provide an explanation as to why they have it and where it came from, otherwise the court can charge with theft or receiving.