OF03: Theft

Question 1

Theft by Taking is under what Section in the Crimes Act 1961

Answer 1

219 (1) (a)

Question 2

What are the elements of Theft by Taking?

Answer 2

1. Dishonestly
2. Without claim of right
3. Takes
4. Any property
5. 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 3

What is the definition of Dishonestly?

Answer 3

Without a belief there was consent or authority from the owner

Question 4

What is the definition of Without Claim of Right?

Answer 4

No belief in a right to own or possess the property

Question 5

What is the definition of Takes?

Answer 5

Physically moves property

Question 6

What is the definition of Any Property?

Answer 6

Anything that is the property of any person and has value (tangible or intangible)

Question 7

What Section is Theft by Using or Dealing?

Answer 7

Section 219 (1) (b)

Question 8

What are the first 4 elements of Theft by Using or Dealing?

Answer 8

1. Dishonestly
2. Without lawful claim of right
3. Uses or deals with
4. Any property

Question 9

What is the 6th element of Theft by Using or Dealing?

Answer 9

After obtaining possession or control of that property in whatever manner

Question 10

What determines the penalty imposed?

Answer 10

The value of the property

Question 11

What is the penalty for Section 220 (Special Relationship)

Answer 11

Not exceeding 7yrs imprisonment

Question 12

What is the penalty for property over $1000 in value?

Answer 12

Not exceeding 7yrs imprisonment

Question 13

What is the penalty for property over $500 in value?

Answer 13

Not exceeding 1yr imprisonment

Question 14

What is the penalty for value not exceeding $500?

Answer 14

Not exceeding 3 months imprisonment