Theft Flashcards
Element of Theft
Crimes Act 1961, Sec 219(1)(a) & 223(b) or 223(c) or 223(d)
Dishonestly
Without claim of right
Takes
Any Property
With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property
Element of Theft
Crimes Act 1961, Sec 219 (1)(b) & 223(b) or 223(c) or 223(d)
Dishonestly
Without claim of right
Uses or deals with
Any Property
With 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
Dishonestly
Without a belief…consent or authority…owner.
Without claim of right
(No belief) in a (right to own or possess the property)
Takes
moves
Any Property
Anything….tangible or intangible…
property of any person and has value
With intent to deprive any owner permanently of that property
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).
With intent to deprive any owner permanently of any interest in that property
An(intent) to(deprive the owner permanently)
of that part of the property
in which they have an(interest)
Uses or deals with
(Exceeds the authority or conditions) given by (using or dealing) with the property (in any manner)
After obtaining possession or control of that property in whatever manner
(Legally obtained possession) or (control) of that property for (himself/herself or any other person.)
Ownership
Possession or control
(a physical ownership).
- Any interest in the property.
- The right to take possession or control
- Section 220 Crimes Act.
- Section 222 Crimes Act.
- Section 223 Crimes Act.
.
220- Theft by Person in a Special Relationship
- Trustees stealing money from a non-profit.
222- Theft by spouse or partner
- Can get tricky.
223- The value of the property is important
- Determines the penalty imposed
Value of the property stolen is important because
it (determines the penalty) imposed upon conviction.
This is covered by Section 223 of the Crimes Act 1961.