Offences OF03 Burglary Theft

Question 1

Names the Elements of theft (Crimes act 1961, sec 219 (1) (a)

Answer 1

1) Dishonestly
2) Without claim
3) Takes
4) Any property
5) With intent to deprive any owner permanently or that property

Question 2

Name the Elements of theft by using or dealing (Crimes act 1961, Section 219 (1) (b)

Answer 2

1) Dishonestly
2) Without claim of right
3) Uses or deals with
4) Any property
5) With intent to deprive any owner permanently of that property
6) After obtaining possession or control of that property in whatever manner

Question 3

Explain the differences between Dishonestly and Claim of Right

Answer 3

Dishonesty: An absence of belief/authority that you had consent to be have an item in your possession

Claim of right: An absence of any right to posses/own something

Question 4

Define ‘Takes’ in relation to theft Section 219 of the Crimes act 1961

Answer 4

The slightest movement of an item is enough to be considered ‘Taking’

Question 5

Explain ‘Uses and Deals with […]’ in relation to Theft, Section 219 (1)(b) of the Crimes act 1961

Answer 5

Using is operation of an object outside of your explicit permission terms

Deals is making decisions or controlling the item as though you were the owner

Question 6

Define Ownership in relation to theft

Answer 6

A person is regarded the owner of any property that is stolen if, at the time of the theft the person has:

1) Possession/control
2) An interest in the property
3) Part ownership of an item.

Question 7

Define ‘property’ in relation to Theft

Answer 7

Essentially anything that can be of value to an owner wether tangible or untangable I.e an idea

Question 8

Why is knowing the value of something important?

Answer 8

Because the value of an item can dictate the fine/punishment is given to the offender

Question 9

Define the elements of Burglary (Crimes Act 1961 Section 23 (1)(a)

Answer 9

1) Enters
2) Any building (Or ship, or Part)
3) Without authority
4) With intent to commit an imprisonable offence in the building

Question 10

Explain Aggravated Burglary

Answer 10

Aggravated is the same as burglary with the added element of having in possession a weapon that can or has been used

Question 11

In regards to Burglary, Explain an ‘Artifice’

Answer 11

Artifice is the use of a lie/trickery to gain authority to enter a building.

I.e you pretend you are a maintenance man to gain entrance into a building