Property Offences

Question 1

Trespass

Answer 1

(taking)
Dishonestly and without claim of right, taking any property with
intent to deprive any owner permanently of that property or of any interest in that property; or

Question 2

conversion

Answer 2

(using or dealing with)
Dishonestly and without claim of right, using or dealing with
any property with intent to deprive any owner permanently of that property
or of any interest in that property after obtaining possession of, or control
over, the property in whatever manner

Question 3

Elements of the AR

Answer 3

1. Must be property
   Almost anything will count as property
2. Must be an owner
   that person has—(a) possession or control of the property; or (b) any interest in the property (e.g. mining right); or (c) the right to take possession or control of the property.

Can be guilty of theft against another owner of the same property (e.g. taking car from mechanic without paying)

3. Taking
   Non consensual taking of property. Complete when the thing is moved
4. Using or dealing with
   Getting possession with consent and then doing something without their consent with that property. Need to be doing something inconsistent with the rights of the owner

Question 4

complainant gave jacket to D who did not give it back and said he would fight him for it

Answer 4

R v Maihi
Conversion does count as robbery

Question 5

hired some equipment from a hire company then did not return it until it was found outside with the logo almost removed

Answer 5

Russel
When he deliberately painted on the equipment an act of conversion had occurred (inconsistent with rights of owner)

Question 6

Elements of the MR

Answer 6

1. Dishonesty
   Doing something knowing that you don’t have consent or authority from the owner
2. No claim of right
   Belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter other than the enactment against which the offence is alleged to have been committed.
3. Intent to deprive the owner permanently

Question 7

D dug up pavement they laid that the complainant did not pay them for because of the quality - case on no claim of right

Answer 7

Brown and Edney
Fixture is a part of the land and means title had passed, B and E did not know this so they had a claim of right. Has to be a mistake about a private law matter and not a criminal one

Question 8

D had permission to collect his wives wages, they fell out, he went to collect them and threatened with knife- case on no claim of right

Answer 8

Skivington
Theft could not be proved because no claim of right could not be established. Still charged with carrying an offensive weapon and assault just not theft

Question 9

Manager at pub took coins out of pokie machine and had a slap. If he won he put them back in most the time, he offered to give back what he didn’t put back - case on intent to deprive permanently

Answer 9

Morunga
Appropriating another’s property with intent to deprive the owner only temporarily is not stealing. Except for the coins he actually took home, the one’s that stayed in the machines were not a permanent deprivation

Question 10

Punishment

Answer 10

If the thing is worth more than 1k it can be up to 7 years. 500-1k up to 1 year