OF03 - Theft

Question 1

CRIMES ACT 1961
SECTION 219 (1) (A)

WHAT IS IT & ELEMENTS

Answer 1

THE OFFENCE OF THEFT BY TAKING

• Dishonestly
• Without claim of right
• Takes
• Any property (BE SPECIFIC - Nivea Moisteriser valued at $59.99 the property of Mecca)
• With intent to deprive any owner permanately of that property
  OR
• With intent to deprive any owner permanantley of any interest in that property

Question 2

CRIMES ACT 1961
SECTION 219 (1) (B)

WHAT IS IT & ELEMENTS

Answer 2

THE OFFENCE OF THEFT BY USING OR DEALING

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

Question 3

WHAT IS MEANT BY DISHONESTLY?

Answer 3

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

Question 4

WHAT IS MEANT BY CLAIM OF RIGHT?

Answer 4

At the time of the act, the person believed that they ir someone else had right to own or posses the property that is subject of the offence.

Question 5

WHAT IS MEANT BY TAKES?

Answer 5

Obtaining possession without the owners permission

Question 6

WHAT IS MEANT BY USES OR DEALS?

Answer 6

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

Question 7

WHAT IS MEANT BY OWNERSHIP?

Answer 7

Possession or control of the property

Question 8

WHAT IS MEANT BY PROPERTY?

Answer 8

Tangible (Physically touch)
Intangible (Items you can’t touch - electricity)

Question 9

CRIMES ACT 1961
SECTION 223 (A-D)

WHAT IS THIS?

Answer 9

PUNISHMENT OF THEFT

The value of property stolen is important because it determines the penalty imposed upon conviction.

EVERYONE WHO COMMITS THEFT IS LIABLE AS FOLLOWS:

A). In the case of an offence against Section 220 (theft by person in special relationship) to a term of imprisonment not exceeding 7 years;

B). If the property exceeds $1000, to a term of imprisonment not exceeding 7 years;

C). If the value of the property exceeds $500, to a term of imprisonment not exceeding 1 year;

D). If the value of he property does not exceed $500, to a term of imprisonment not exceeding 3 months.

NOTE - The value of an item is it’s current value, not it’s replacement cost.