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OFO3 Theft > OFO3 > Flashcards

OFO3 Flashcards

Theft

1
Q

3 different types of penaltys for theft depending on the value of property taken

A

Less than $500/ 3months imprisonment

$500-$1000 / 1 year in imprisonment

More than $1000 / 7 years imprisonment

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2
Q

The elements of theft( by taking s. 219(a)

A

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

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3
Q

Name the Act and section of theft( by taking s219(a)

A

Crimes Act 1961 Section 219( 1) (a) and 224(b) or 223(c) or 233(d)

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4
Q

The penalty for theft( by taking s.219(a)

A

Various depending on value of property taken

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5
Q

The elements of theft( by using or dealing s. 219(b)

A

Dishonestly

Without claim of right

Uses or deals with

Any property

With intent to deprive any owner 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

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6
Q

Name the Act and section for theft( by using or dealing s.219(b)

A

Crimes Act 1961 219(1) (b) and 223(b) or 223(c) or 223(d)

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7
Q

Name the penalty for theft ( by using or dealing s.219(b)

A

Various depending on value of property taken.

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8
Q

Define dishonestly

A

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

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9
Q

Define claim of right

A

No belief in a right to own or possess the property

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10
Q

Define ownership

A

A person is regarded as the owner of the property that is stolen if at the time of the theft that person has

Possession or control of the property

Any interest in the property

The right to take possession or control of the property

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11
Q

Define property

A

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

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12
Q

What is the difference between the term taking and using

A

To “use or deals” property, you must first gain possession or control of the property and then begin to make decisions about that property as though you were the owner.

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13
Q

What matters do you have to consider when attending to a theft or dishonestly taking/ using complaint.

A

Takes means that for tangible property , theft is committed when the offender moves the property or causes it to be moved. The slightest moving is enough

Taking does not include obtaining ownership or possession of, or control over, any property with the consent of the owner, whether or not consent is obtained by deception.

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14
Q

What documentation is required for a theft or dishonestly taking/using file

A

File cover sheet and stats

Police 258 report

Charging documentation

Caption and Summary

Victim impact statement

Reparation schedule

Video interview sheet or copy of the written interview

Job sheets

Police 268( property record sheet)

Offender report

Office report

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15
Q

Why is the value of an item important

A

It will determine what penalty is given.

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16
Q

What are some of the other specific thefts and where can they be found?

A

Theft by person in special relationship
Crimes Act 1961 s.220

Theft of animals
Crimes Act 1961 s.221

Theft by spouse
Crimes Act 1961 s.222

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17
Q

Name the elements of burglary

A

Enters

Any building

Any ship

Any part of a building

Any part of a ship

Without authority

With intent to commit an imprisonable offence in the building or ship

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18
Q

Name the act and section of burglary

A

Crimes Act 1961 s.231(1) (a)

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19
Q

What is the penalty for burglary

A

10 years imprisonment

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20
Q

Name the elements of burglary (having entered s.231(b)

A

Having entered

Any building or

Any ship

Remains without authority

With in intent to commit an imprisonable offence in the building or

Ship

21
Q

Name the Act and section of burglary ( having entered s. 231 1(b)

A

Crimes Act 1961 231 1(b)

22
Q

The plenalty for burglary (having entered)

A

10 years imprisonment

23
Q

Define the difference between burglary and aggravated burglary.

A

Aggravated means

While committing burglary, has a weapon with him or her or uses anything as a weapon

Having committed a burglary has a weapon with him or her or uses anything as a weapon, while still in the building or ship.

This doesn’t require physical possession. Ready access to the weapon is sufficient

24
Q

What is the Act and section for aggravated robbery

A

Crimes Act 1961 section 232

25
Q

Define enters

A

Entry is complete as soon as any part of the body of the person or any other part of any instrument used by a person, is within the building or ship

26
Q

Define building or ship

A

Any building or structure of any description, whether permanent or temporary, and includes a tent, caravan, or houseboat, and also includes any enclosed yard or any closed cave or closed tunnel

Any vessel used in navigation, however propelled

27
Q

Define without authority

A

An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.

28
Q

Define intent to commit an imprisonable offence

A

There must be an intention to commit an imprisonable offence

29
Q

If property is taken from the front of an address that is not fenced in any way, is that theft or burglary.

A

Theft

The section of a dwelling house is defined by fences around 3 sides and shrubs along the front is still an enclosed. Because this dwelling has no yard the theft has not entered. A warehouse with the main gates open is still an enclosed yard.

30
Q

Define having entered

A

The offender has entered the building, ship or enclosed yard legally and legitimately and then decides to commit an imprisonable offence

30
Q

Define having entered

A

The offender has entered the building, ship or enclosed yard legally and legitimately and then decides to commit an imprisonable offence

31
Q

Define artifice

A

Artifice involves being cunning, skilled, artful, deceptive.

32
Q

What steps should you take when examining a burglary

A

Intiail action

Consider the approaches

Point of entry (POE)

Interior of the building

Fingerprints and other evidence

Fully interview the victim

Perserve evidence

Provide further info for the victim

Area/local enquires

Takes steps to locate the offender and / or property

Handle exhibits correctly

Complete the file

33
Q

Name the elements of robbery

A

Theft

Accompanied by violence or

Accompanied by threats of violence

To any person

To any property

Used to extort the property stolen or

To prevent or overcome resistance to the property being stolen.

34
Q

Name the Act and section for robbery

A

Crimes Act 1961 section 234 (1) and (2)

35
Q

Penalty for robbery

A

10 years imprisonment

36
Q

Define used to extort the stolen property( robbery)

A

The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.

36
Q

Define used to extort the stolen property( robbery)

A

The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.

37
Q

The basic principles of initial action at the scene of a robbery are

A

Freeze

Guard

Control

Preserve

38
Q

Elements of Dishonestly taking a document or dishonestly obtaining a document

A

Dishonestly

Without claim of right

Takes or

Obtains

Any document

With intent to obtain

Property, service, pecuniary advantage or valuable consideration

39
Q

Name the Act and section for dishonestly taking a document or dishonestly obtaining a document.

A

Crimes Act 1961 section 228(a)

40
Q

Penalty for dishonestly taking a document or dishonestly obtaining a document

A

7 years imprisonment

41
Q 
What is the difference between dishonestly takes and dishonestly uses (Crimes Act 1961
Section 228(b)
A

Uses/attemps to use means that they pyhically have used or attempted to use the document.

42
Q

What are the elements of robbery

A

Theft

Accompanied by violence or

Accompanied by threats of violence

To any person or

To any property

Used to extort the property stolen or

To prevent or overcome resistance to the property being stolen

43
Q

The penalty for robbery

A

10 years imprisonment

44
Q

Name the Act and section for robbery

A

Crimes act 1961 section 234(1) and (2)

45
Q

Name the Act and section for robbery

A

Crimes act 1961 section 234(1) and (2)

46
Q

What Act and section is aggravated robbery

A

Crimes Act 1961 section 235

Penalty 14 years

Person must be armed with an offensive weapon or instrument.

47
Q

If violence is used or threats of violence are made but no property is taken is that a robbery.

A

No

OFO3 Theft (1 decks)

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