OF03: Theft

Question 1

5 Elements that make up THEFT by taking

Answer 1

• 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.

Question 2

6 elements that make up THEFT by using or dealing

Answer 2

• 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

Question 3

Dishonestly

Answer 3

Without a belief that there was consent or authority from the owner

Question 4

Without claim of right

Answer 4

No belief in a right to own or possess the property

Question 5

Takes

Answer 5

Physically moves the property

Question 6

Any property

Answer 6

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value

Question 7

With intent to deprive any owner permanently of that property

Answer 7

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

Question 8

With intent to deprive the owner permanently of any interest in that property

Answer 8

An intent to deprive the owner permanently of that part of the property in which they have interest.

Question 9

Uses or deals with

Answer 9

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

Question 10

After obtaining possession or control of that property in whatever manner

Answer 10

Legally obtained possession or control of that property for himself/herself or any other person

Question 11

Section 219 (1)(a) crimes act 1961

Answer 11

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

Question 12

Section 219 (1)(b) Crimes act 1961

Answer 12

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

Question 13

Ownership

Answer 13

Person is regarded as the owner of any property that is stolen, at the time of the theft.

Question 14

Why is the value of a property important?

Answer 14

Because it determines the penalty imposed upon conviction.