OF03 Theft Flashcards
Elements of theft by taking Section 219 1 (a)
-Dishonestly
-Without claim of right
-Takes
-Any property
-With the intent to deprive any owner permanently of that property OR
with the intent to deprive any owner permanently of any interest in that property
Elements of theft by using or dealing Section 219 1 (b)
-Dishonestly
-Without claim of right
-Uses or deals with
-Any property
-With the intent to deprive the owner permanently of that property OR
With the intent to deprive that owner permanently of any interest of that property
-After obtaining possession or control of that property in whatever manner
Dishonestly
Without belief 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 property
Uses or deals with
Exceeds authority or conditions given by using or dealing with the property in any manner
Any property
Anything (tangible or intangible) that is property of any person and has value
Main difference between theft offences
Takes - without owner permission
Using or dealing - with owner permission
Punishment for theft
Value of the property determines penalty