Offences: Unlawfully Takes/Uses Etc

Question 1

What are the ELEMENTS for Unlawfully Takes?

Crimes Act 1961, Section 226(1)(a) or 226(1)(b) or 226(1)(c)

Answer 1

1. Dishonestly
2. Without claim of right
3. But not as to be guilty of theft
4. Takes
5. For any person’s purpose
6. Any vehicle -OR- Ship -Or- Aircraft -OR- any part of any vehicle, ship or aircraft.

Question 2

What are the ELEMENTS for unlawfully uses?

Crimes Act 1961 Section 226

Answer 2

1. Dishonestly
2. Without claim of right
3. But not as to be guilty of theft
4. USES
5. For any person’s purpose
6. Any vehicle -OR- Ship -Or- Aircraft -OR- any part of any vehicle, ship or aircraft.

Question 3

What are the ELEMENTS for unlawful interferes?

Crimes Act 1961 Section 226

Answer 3

1. Dishonestly
2. Without claim of right
3. Interferes with
4. Any vehicle -OR- any ship -OR- any aircraft

Question 4

What are the ELEMENTS for unlawful gets into OR upon?

Crimes Act 1961

Answer 4

1. Dishonestly
2. Without claim of right
3. Gets into -OR- gets upon
4. Any vehicle -OR- any ship -OR- any aircraft

Question 5

What are the ELEMENTS for possession of instruments?

Answer 5

1. Without lawful authority or excuse
2. Has in their possession
3. Any instrument capable of being used for taking or converting
4. Any vehicle -OR- ship -OR- aircraft
5. With intent to use for such a purpose

Question 6

Define ‘dishonestly’

Answer 6

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

Question 7

Define ‘claim of right’

Answer 7

Without claim of right - No belief in a right to own or possess the property

Question 8

Define ‘but not as to be guilty of theft’

Answer 8

Unable to prove an intention to permanently deprive the owner.

Question 9

Define ‘uses’ (in regards to unlawfully uses)

Answer 9

Uses - Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.

Question 10

Define ‘interferes with’

Answer 10

Touches or deals with in any way