OF03 - THEFT Flashcards
5 elements to proving theft by taking?
S219(1)(a) Crimes Act 1961
S219(1)(a) Crimes Act 1961
- Dishonestly
- Without claim of right
- Takes
- Any property
- With intent to deprive any owner permanently of that property or any interest in that property.
6 elements to proving theft by using or dealing?
S219(1)(b) Crimes Act 1961
S219(1)(b) Crimes Act 1961
- Dishonestly
- Without claim of right
- Uses or deals with
- Any property
- With intent to deprive any owner permanently of that property or any interest in that property.
- After legally obtaining possession or control of that property for himself/herself or any other person.
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
Uses or deals with;
Exceeds the authority or conditions given by using or dealing with the property in any manner
Ownership;
A person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has:
a) possession or control of the property
b) any interest in the property
c) the right to take possession or control of the property
Property;
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
Why do you need to know the value of items?
Because it determines the penalty imposed upon conviction,
Max punishment for property > $1000 and theft by special relationship
7 years imprisonment
Max punishment for property > $500
1 year imprisonment
Max punishment < $500
3 months imprisonment
Aggravated burglary;
Offender committing burglary has a weapon;
- While committing a burglary has a weapon
- Having committed a burglary has a weapon with them, while still in building/ship
