OF03: Theft Flashcards

1
Q

5 Elements that make up THEFT by taking

A
  • 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.
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2
Q

6 elements that make up THEFT by using or dealing

A
  • 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
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3
Q

Dishonestly

A

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

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4
Q

Without claim of right

A

No belief in a right to own or possess the property

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5
Q

Takes

A

Physically moves the property

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6
Q

Any property

A

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

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7
Q

With intent to deprive any owner permanently of that property

A

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

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8
Q

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

A

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

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9
Q

Uses or deals with

A

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

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10
Q

After obtaining possession or control of that property in whatever manner

A

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

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11
Q

Section 219 (1)(a) crimes act 1961

A

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

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12
Q

Section 219 (1)(b) Crimes act 1961

A

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

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13
Q

Ownership

A

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

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14
Q

Why is the value of a property important?

A

Because it determines the penalty imposed upon conviction.

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