OFO3 - THEFT Flashcards
Where is THEFT in legislation?
Crimes Act 1961, Section 219(1)(a) (b)
What are the ELEMENTS for THEFT BY TAKING?
- Dishonesty
- 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
What is the ELEMENTS for THEFT BY USING OR DEALING?
- Dishonesty
- 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
What does the element ‘DISHONESTY’ mean?
- Without a belief that there was
- Consent or
- Authority
- From Owner
What does the element ‘CLAIM OF RIGHT’ mean?
- No belief
- Was lawful
What does the element ‘THEFT BY FINDING’ mean?
The finder of lost property must make reasonable attempts to return the property to the lawful owner.
What does the element ‘TAKES’ mean?
- Takes or Moves
What does the element ‘ANY PROPERTY’ mean?
- Anything
- Property of any person
- And has value
Define the element ‘WITH INTENT TO DEPRIVE THE OWNER PERMANENTLY OF THAT PROPERTY’?
- Deprive the owner permanently
OR - Deal with it
- Cannot be restored to its original condition
Define the ingredient ‘WITH INTENT TO DEPRIVE THE OWNER PERMANENTLY OF ANY INTEREST IN THAT PROPERTY’?
- Deprive the owner permanently.
- of an interest.
ANY INTEREST (1st the offender takes control or possession of the property and 2nd makes decision as if they were the owner)
Define the element ‘USES OR DEALS WITH’?
- Has possession or control
- Exceeds the authority or conditions
- Using or dealing with
- In any manner
(First gain possession or control of the property and then begin to make decisions about that property as though you were the owner.)
Define the element ‘AFTER OBTAINING POSSESSION OR CONTROL OF THAT PROPERTY IN WHATEVER MANNER’?
- Obtains possession or
- Control
- For himself/herself or
- Any other person
What are the 5 types of theft offences?
- Physical taking
- Theft by finding
- Theft by taking advantage of a mistake
- Theft of animals
- Theft by person in a special relationship
What is the difference between the elements ‘TAKES’ and ‘USES OR DEALS’?
Takes means obtaining possession WITHOUT the owners permission. Use or deals means obtaining possession WITH the owners permission.
When is theft complete?
Theft is complete when the offender moves the property or causes it to be moved.
