OF03: Theft

Question 1

What act and section is Theft found in?

Answer 1

Crimes Act 1961 Section 219(1)(a), 223(a), 223(b), 223(c)

Question 2

What are the elements of theft?

Answer 2

(Donuts Will Take Away Worries)

• 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 3

What does dishonestly mean?

Answer 3

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

Question 4

What is meant by without claim of right?

Answer 4

No belief in a right to own or possess the property

Question 5

What does ‘takes’ cover

Answer 5

For tangible property, physically moving the property or causing it to be moved

Question 6

What is covered in ‘Any property’

Answer 6

Anything whatsoever, either tangible or intangible, that is the property of another person and has value

Question 7

What are the two things covered in ‘Intent to deprive the owner permanently of that property’?

Answer 7

1/ An intent to deprive the owner permanently of that property
2/ deal with the property in a manner so that it cannot be restored to its original condition

Question 8

What are the elements of ‘Theft’ (using or dealing)

Answer 8

(Donuts When Ugly Are Wonderful Anyway)

• Dishonestly
• Without claim of right
• Uses for deals with
• Any property
• With intent to deprive any owner permanently of that property OR intent to deprive any owner permanently of any interest in that property
• After obtaining possession or control of that property in whatever manner

Question 9

What is meant by ‘uses or deals with’

Answer 9

Exceeds the authority or conditions given by using or dealing with the property in any manner

Question 10

What does it mean by ‘after obtaining possession or control of the property in whatever manner’

Answer 10

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

Question 11

Where would you find the definition of dishonestly, and what does it state?

Answer 11

Section 217 of the Crimes Act
‘Dishonestly’ in relation to an act or omission, means done or omitted without belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 12

What is covered in claim of right?

Means a b___ at any time in the act in a p____ or p_____ right in that p______ in relation to which the offence is alleged to have been committed.
Although that belief may be based on ignorance or mistake of fact or any other matter of law other than the enactment against which the offence is alleged to have been committed.

Answer 12

Mean a belief at any time in the act in a proprietary or possessory right in that property.

Question 13

What does Uses or Deals mean?

Answer 13

To use or deal with property you must first gain possession or control of that property and then begin to make decisions about that property as though you were the owner

Question 14

What covers ‘theft by finding’ (what must the finder of property do)

Answer 14

The finder of lost property must make reasonable attempts to return the property to the lawful owner.

Question 15

What are the three ways a person can be regarded as the owner of property that is stolen;
If that the time of the theft, that person has:
- P____ or C_____ of the property
- Any interest in that property
-The right to take p____ or c_____ of the property

Answer 15

If the person has:
1/ Possession or control of the property
1/ Any interest in that property
3/ the right to take possession or control of that property

Question 16

What does section 222 of the Crimes Act cover?

Answer 16

theft by spouse or partner

Question 17

What sections cover the penalty for theft and what do they cover?

Answer 17

Section 223(a) 
theft by spouse or partner to a term not exceeding 7 years
Section 223 (b) if the value of the property exceeds $1000, to a term not exceeding 7 years
Section 223(c) if the value of the property exceeds $500, for a term not exceeding 1 year
Section 223(c) if the value of the property does not exceed $500 to a term not exceeding 3 months

Question 18

What is meant by the ‘value’ of the property?

Answer 18

This is the current resale value, not the replacement cost