Theft Flashcards

1
Q

what are the 5 elements of theft by taking

A

dishonestly, without claim of right, takes, any property, with intent to deprive any owner permanently of that property (or of any interest in it)

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2
Q

what section is theft by taking under

A

Section 219(1)(a) of the Crimest Act 1961

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3
Q

what is dishonestly

A

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

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4
Q

what is without claim of right

A

no belief in a right to own or possess the property

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5
Q

what is takes

A

physically moves the property or causes it to be moved

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6
Q

what is any property

A

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

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7
Q

what is with intent to deprive any owner permanently of that property

A

an intent to deprive the owner permanently of the property OR deal with the property in a manner so that it cannot be restored to its original condition

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8
Q

what is with intent to deprive any owner permanently of any interest in that property

A

an intent to deprive the owner permanently of that part of the property in which they have an interest

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9
Q

what are the elements of theft by using or dealin

A

the same as taking, but uses or deals with, and after obtaining possession or control of that property in whatever manner

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9
Q

what are the elements of theft by using or dealin

A

the same as taking, but uses or deals with, and after obtaining possession or control of that property in whatever manner

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10
Q

what section is theft by dealing in

A

Section 219(1)(b) of the Crimes Act 1961

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11
Q

what is uses or deals with

A

exceeds the authority or conditions given by using or dealing with the property in any manner

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12
Q

what is after obtaining possession or control of that property in whatever manner

A

legally obtained possession or control of that property for themself or any other person

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13
Q

what is tangible and intangible

A

things you can and cant touch

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14
Q

how is the penalty for theft determined

A

by the current resale value of what you would pay for the item

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