OF03 Theft

Question 1

What Act and Sections is theft taking and theft using or dealing covered under?

Answer 1

Theft Taking - Section 219 (1) (a) Crimes Act 1961

Theft Using or Dealing - Section 219 (1) (b) Crimes Act 1961

Question 2

What are the elements of theft - taking?

Answer 2

Dishonestly
Without claim of right
Takes
Any property

With intent of depriving the owner permanently of that property
OR
With intent of depriving the owner permanently of any interest in that property

Question 3

Define dishonestly

Answer 3

Without a belief there is consent or authority from the owner.

Question 4

Define without claim of right

Answer 4

Without belief of the right to possess or own the property.

Question 5

Define take

Answer 5

move property

Question 6

Define any property

Answer 6

Anything that is the property of someone else and has value, tangible or intangible.

Question 7

Define with intent to deprive the owner permanently of the property, OR any interest in the property

Answer 7

There must be intention to take the property permanently from the owner

Question 8

What are the elements of theft - using and dealing

Answer 8

Dishonestly
Without claim of right
Deals or uses
Any property

With intent to deprive the owner permanently of the property, OR any interest in the property

After obtaining control of that property in whatever manner

Question 9

Define deals or uses

Answer 9

Exceeding the authority or conditions that were given by using or dealing with the property in any manner.

Question 10

Define after obtaining control of the property in whatever manner.

Answer 10

legally gaining control of the property for himself/herself from another person.

Question 11

What are three types of ownership criteria in regards to property.

Answer 11

1. Someone who has a financial interest in the property
2. Someone who has the right to take control of the property.
3. Someone who has obtained control and possession of the property.

Question 12

Why is knowing the value of the property involved in theft important?

Answer 12

Because it dictates what the max penalty is for the offender if convicted.

Question 13

What is the difference between taken and uses or deals?

Answer 13

Taken is moving the property without consent of the owner.

Deals or uses is gaining control or possession of the property with the owners consent or authority. - but the conditions of possessing the property are exceeded.

Question 14

When is theft complete?

Answer 14

When the offender moves the property or causes it to be moved - you might not know until behaviours later on.

Question 15

Name 5 types of theft.

Answer 15

1. Theft by someone in a special relationship - lawyer, accountant etc
2. Theft by mistake
3. Theft by finding
4. Theft of animals
5. Theft by spouse or partner