Theft Flashcards
1
Q
what are the 2 types of theft
A
- by taking
- by conversion
2
Q
elements for theft by taking
A
- take property
- owned by another
3
Q
Elements for theft by conversion
A
- using or dealing with property
- owned by another
4
Q
What is MR for both theft by taking and theft by conversion - with cases underneath
A
1) dishonestly
- defined in 217
2) without claim of right
(Brown v Police)
3) Intention to permanently deprive
[219(2)]
5
Q
What is the structure for obtaining by deception
A
AR
- s240(1) sets out ar
- Morley - the person causing loss does not need to benefit
- There must be a causal nexus between the obtainment and the deception
Mr
- false representation
- Barnard - Passing oneseld
- Dronjak - Silence