Theft

Question 1

What are the elements of theft

Answer 1

Dishonestly…
Without claim of right..
Takes / uses or deals 
Property 
With the intent to deprive the owner permanently of the property/

With the intent to deprive the owner permanently of any interest in that property.

Question 2

What is ownership?

Answer 2

A person is classified as the owner of any property that is stolen if:

• They have procession and control of the property
• has interest in the property ( for example has done maintenance on a vehicle and payment hasn’t been paid yet)
• has the right to take procession or control of that property ( owning half of a car)

Question 3

What does dishonestly mean?

Answer 3

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

Eg. You knew you didn’t have the owners permission or authority

Question 4

What does without claim of right mean?

Answer 4

Knowing that you do not have the rights to own or possess the property

Question 5

What does property mean

Answer 5

Tangible or intangible

Question 6

What section covers the penalty’s for theft and what are the three available penalty’s

Answer 6

Section 223

Value does not exceed $500- imprisonment not exceeding 3 months

Value of property exceeds $500- imprisonment not exceeding 1 year

Value of property exceeding $1000 - imprisonment not exceeding 7 years