OFO3 Dishonesty Offences 1 - Theft

Question 1

Crimes Act 1961 Section 219 (1) (a) Theft

Answer 1

Elements:
- Dishonestly
- Without Claim of right.
- Takes
- Any Property
- With the intent to deprive any owner permanently of that property
or
- With the intent to deprive any owner permanently of any interest in that property.

Question 2

Crimes Act 1961 Section 219 (1) (a) Theft (using or dealing)

Answer 2

Elements:
- Dishonestly
- Without Claim of right.
- Uses or deals with
- Any Property
- With the intent to deprive any owner permanently of that property
or
- With the intent to deprive any owner permanently of any interest in that property.
- After obtaining possession or control of that property in whatever manner.

Question 3

Define “Dishonesty”

Answer 3

Done or omitted without a belief that there was express or implied consent to, or authority for the act or omission from a person entitled to give such consent or authority.

Question 4

Define “Claim or right”

Answer 4

At the time of the act, the person had believed that they or else had the right to own or possess the property that is subject to the offence.
If you believe that it is yours.

Question 5

Define “ownership”

Answer 5

A person is regarded as an owner if at the time they:

• Had possession or control of the property.
• Any interest in the property.
• The right to take possession or control of the property.

Question 6

Define “Property”

Answer 6

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