OF03: Theft Flashcards
5 Elements that make up THEFT by taking
- Dishonestly
- Without claim of right
- Takes
- Any property
With intent to deprive any owner permanently of that property
OR - With intent to deprive any owner permanently of any interest in that property.
6 elements that make up THEFT by using or dealing
- Dishonestly
- Without claim of right
- Uses or deals with
- Any property
- With intent to deprive any 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
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
Any property
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value
With intent to deprive any owner permanently of that property
An intent to deprive any owner permanently of that property
OR
Deal with the property in a manner so that it can not be restored
With intent to deprive the owner permanently of any interest in that property
An intent to deprive the owner permanently of that part of the property in which they have interest.
Uses or deals with
To use or deal property you must first gain possession or control of the property and begin to make decisions of that property as though you were the owner
After obtaining possession or control of that property in whatever manner
Legally obtained possession or control of that property for himself/herself or any other person
Section 219 (1)(a) crimes act 1961
Dishonestly without claim of right takes any property with intent to deprive any owner permanently of that property OR intent to derive any owner permanently of any interest in that property
Section 219 (1)(b) Crimes act 1961
Dishonestly without claim or right takes 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 in whatever manner whatsoever
Ownership
Person is regarded as the owner of any property that is stolen, at the time of the theft.
Why is the value of a property important?
Because it determines the penalty imposed upon conviction.