OF03 - Theft

Question 1

What are the elements for Theft by Taking?

Answer 1

• Dishonestly
• Without claim of right
• Takes
• Any property
• With the 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

What are the elements for Theft by Using or Dealing

Answer 2

• Dishonestly
• Without claim of right
• Uses or deals with
• Any property
• With intent to deprive and 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 3

What does ‘Dishonestly’ mean?

Answer 3

Without the belief that there was consent or authority of the owner.

Question 4

What does ‘Claim of Right’ mean?

Answer 4

The person believes that they, or someone else, have a right to own or possess the property.

Question 5

What does ‘without claim of right’ mean?

Answer 5

there was no belief in a right to own or possess the property. It was not a mistake.

Question 6

What does ‘takes’ mean

Answer 6

Physically moves the property.

Question 7

What does ‘uses and deals with’ mean?

Answer 7

• Exceeds the authority or conditions given by using or dealing with the property in any manner.
• Gains possession or control of the property first then begins to make decisions about the property as you were the owner

Question 8

What does ‘any property’ mean?

Answer 8

Anything that is tangible (items you can touch) or intangible (items you can’t touch eg computer record) that is the property of any person and has value

Question 9

A person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has… (three things)

Answer 9

1) Possession or control of the property; or
2) Any interest in the property; or
3) The right to take possession or control of the property

Question 10

What is theft by finding?

Answer 10

When you find property and don’t make reasonable attempts to return it back to the lawful owner.

(reasonable attempts include contacting and advising police of you finding the property)

Question 11

Why is the value of the property important and what is the value determined by?

Answer 11

It is important because it determines the penalty imposed upon conviction.

Value is determined by the current resale value (what you could sell it for right now) NOT the replacement value.