Theft Flashcards
Name the 2 Sections within the Crimes Act that Theft by taking is found in.
219 (1)(a) and 223 (b), (c), (d).
What is the first element of Theft by taking?
Dishonestly
What is the second element of theft by taking?
Without claim of right.
What is the third element of theft by taking?
Takes
What is the fourth element of theft by taking?
Any property
What are the fifth elements of theft by taking?
With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property.
Name the 2 Sections within the Crimes Act 1961 that Theft by Using or Dealing is found in.
219 (1)(b) and 223 (b), (c), (d)
What is the first element of theft by using or dealing?
Dishonestly
What is the second element of theft by using or dealing?
Without claim of right
What is the third element of theft by using or dealing?
Uses or deals with
What is the fourth element of theft by using or dealing?
Any property
What are the fifth elements of theft by using or dealing?
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 sixth element of theft by using or dealing?
After obtaining possession or control of that property in whatever means.
Define “dishonestly”.
Done without a belief there was consent or authority to do the act, from a person entitled to give such consent or authority.
Define claim of right.
Believing that you or someone else had a right to own or possess the property.
Define uses or deals with.
Effectively, gain possession of property, whether due to being lent it, or renting it, and then making decisions about said property as if you were the owner.
Define ownership.
Having possession or control over property
OR
Having any interest in the property
OR
Having the right to take possession or control of the property
