OF03 Theft (by taking)

Question 1

What are the elements of 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

Dishonestly; proven by

Answer 2

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

Question 3

Without claim of right; proven by

Answer 3

No belief in a right to own or possess the property.

Question 4

Takes; proven by

Answer 4

Physically moves the property.

Question 5

Any property; proven by

Answer 5

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

Question 6

With intent to deprive any
owner permanently of that
property; proven by

Answer 6

An intent to deprive the owner permanently of the property

OR

deal with the property in a manner so that it cannot be restored
to its original condition.

Question 7

With intent to deprive any
owner permanently of any
interest in that property; proven by

Answer 7

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

Question 8

Why is value of the property stolen important?

Answer 8

It determines penalty imposed upon conviction.

Question 9

What section is Theft by person in special relationship?

Answer 9

This offence is found in section 220 of the Crimes Act 1961.

It applies to any person who has received, or is in possession of or control over, any property and who is required to:

a) account to any other person for the property or for any proceeds arising
from that property, or

b) deal with the property, or any proceeds arising from the property, in
accordance with the requirements of any other person.

Question 10

What section is Theft by spouse or partner?

Answer 10

This offence is found in section 222 of the Crimes Act 1961.

Question 11

Compare the two elements of ‘Taking’ and ‘Using and Dealing’.

Answer 11

When the property is TAKEN it is moved with an intent to permanently deprive the owner, often without the permission or knowledge of the owner.

As opposed to ‘Using and Dealing’, where possession of the property is gained legally and then the thief begins to make decisions about the property as though they
were the owner.

Question 12

Summarise the meaning of ‘Ownership’;

Answer 12

For the purposes of this offence, a person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has:

a) possession or control of the property
b) any interest in the property, or
c) the right to take possession or control of the property.