OF03 Theft Taking and Using/Dealing

Question 1

Theft: Crimes Act 1961, Sec 219(1)(a) & 223(b) or 223(c) or 223(d)

Name the elements:

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

Define Dishonestly:

Answer 2

Without a BELIEF that there was CONSENT or AUTHORITY from the OWNER.

Question 3

Define without claim of right:

Answer 3

No belief in a RIGHT to OWN or POSSESS the property

Question 4

Define Takes:

Answer 4

Physically moves the property

Question 5

Define any property:

Answer 5

ANYTHING whatsoever, whether TANGIBLE or INTANGIBLE, that is the property of ANY PERSON and has VALUE.

Question 6

Define:

With intent to deprive any owner permanently of that property

Answer 6

An intent to deprive the owner permanently of the property
OR
Deal with the property in a manner so that is cannot be restored to its original condition.

Question 7

Define:

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

Answer 7

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

Question 8

Fill the gaps in the element below:

With intent to deprive any ___ ______of that property.

Answer 8

With intent to deprive ANY OWNER permanently of that property

Question 9

Fill the gaps in the element below:

With intent to ____ any owner permanently of any ____ in that property

Answer 9

With intent to DEPRIVE any owner permanently of any INTEREST in that property

Question 10

Define:

With intent to deprive any owner permanently of that property

Answer 10

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 11

Below is the Definition of what word (not an element)

a) possession or control of the property: e.g. the police uniform that you wear. While it is not yours to sell, you are in possession and control over it so it can be stolen from you.
b) any interest in the property: e.g. John takes his watch to be cleaned and he is given a quote of $20 by the watchmaker.
c) the right to take possession or control of the property: e.g. Tony and Jamie buy a $1,000 boat together, putting in $500 each. Two weeks later Tony is short of money and sells the boat, keeping all the money. Tony tells Jamie the boat was stolen.

Answer 11

Ownership

Question 12

Why is value important

Answer 12

Determines how long the maximum sentence is:

Below $500 is 3 months maximum
Exceeds $500 1 year maximum
Exceeds $1000 7 year maximum
Special relationship Sect 220 7 year maximum

Question 13

Theft: Crimes act Sect 219 (1) (b) & 223(b) or 223(c) or 223(d)

Name the elements:

Answer 13

Dishonestly

Without claim of right

Uses or deals

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 14

Fill the gaps:

After obtaining ________ or _______ of that property in ________ manner

Answer 14

After obtaining POSSESSION or CONTROL of that property in WHATEVER manner

Question 15

Define:

Uses or deals with

Answer 15

Exceeds the AUTHORITY or CONDITIONS given by using or dealing with the property in any manner

Question 16

Fill the gaps of the definition of the element
- Uses or deals with:

Exceeds the ______ or ______ given by using or dealing with the ______ in any manner

Answer 16

Exceeds the AUTHORITY or CONDITIONS given by using or dealing with the PROPERTY in any manner

Question 17

Define this element:

After obtaining possession or control of that property in whatever manner

Answer 17

LEGALLY obtained POSSESSION or CONTROL of that property for himself/herself or any other person.

Question 18

Fill in the gaps for the following definition of the element Dishonestly:

Without a _____ that there was ____ or _____ from the owner

Answer 18

Without a BELIEF that there was CONSENT or AUTHORITY by the owner

Question 19

Fill in the gaps for the following definition of the element Without claim of right:

No ____ in a right to own or _____ the property.

Answer 19

No BELIEF in a right to OWN or POSSESS the property.

Question 20

Fill in the gaps of the definition of the element Any Property:

Anything _______, whether _____ or intangible, that is the property of any person and has ____.

Answer 20

Anything WHATSOEVER, whether TANGIBLE or intangible, that is the property of any person and has VALUE.