OF03: Theft

Question 1

Act and section

Answer 1

Crimes Act 1961
Section 219(1)(a)

Question 2

Elements for theft by taking

Answer 2

Dishonestly
Without claim of right
Takes
Any property
With intent to deprive the owner permanently of the property or of any interest in that property

Question 3

Dishonestly

Answer 3

No belief to have authority or consent

Question 4

Claim of right

Answer 4

No belief to own or posess

Question 5

Takes

Answer 5

Physically moving or causing to move

Question 6

Any Property

Answer 6

Anything that has value and is owned by a person

Tangible or intangible

Question 7

Uses or deals with

Answer 7

Exceeds authority of conditions

Must gain possession legitimately, then deal with property in any manner

Question 8

When is theft complete?

Answer 8

When the offender physically moves or causes property to be moved

Question 9

Theft by finding

Answer 9

When the finder makes no reasonable effort to return the property to a known owner, or

Does not report to Police

Question 10

Ownership

Answer 10

Has possession or control over property
Has interest in the property
Rights to take possession or control

Question 11

Types of theft

Answer 11

Theft by person in special relationship

Theft by spouse of partner

Question 12

Section of Theft by Special Relationship

Answer 12

Section 220

Question 13

Section of Theft by Spouse or Partner

Answer 13

Section 222

Question 14

Importance of value

Answer 14

To determine the penalty of the offence

Question 15

Penalty for Theft by special relationship and over $1,000.00

Answer 15

7 years Imprisonment

Question 16

Penalty for theft between $500.00-$1,000.00

Answer 16

1 years Imprisonment

Question 17

Penalty for theft under $500.00

Answer 17

3 months imprisonment