Theft Flashcards
What are the ingredients of the offences of theft by using and dealing?
Dishonestly
Without claim of right
Uses or deals with
Any property
With an 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 are the ingredients of the offences of theft and dishonestly taking?
Dishonestly
Without claim of right
Takes
Any property
With an intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property
What documentation is required for a theft or dishonestly taking/using file?
File cover sheet and statistics Police 258 report Charging document 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 Offence report
Why is the value of an item important?
The penalty for theft is dependant on the value of the property I.e under $500 is a term not exceeding one year
What are some of the other specific thefts and where can they be found?
Theft by person in special relationship
Theft of animals
Theft by spouse
Define Dishonestly Claim of right Ownership Property
Dishonestly - without a belief that there was consent or authority from the owner
No Claim of right - no belief the act was lawful
Ownership - someone else has possession or control of the property, any interest, the right to take possession or control of the property
Property - anything whatsoever, whether tangible or intangible that is the property of any person and has value
What is the difference between the term taking and the term using and dealing
Taking - physically takes OR moves the property with no authority whatsoever.
Uses or dealing - has possession or control of the property and exceeds the authority or conditions given by using or dealing with the property in any manner.
