Theft Flashcards
Define Theft.
Dishonestly and without claim of right, taking OR using and dealing, any property with intent to deprive any owner permanently of that property or of any interest in that property.
- after obtaining possession of, or control over, that property in whatever manner
What are the elements of theft by TAKING?
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.
What are the elements of theft by USING OR DEALING?
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 nay owner permanently of interest in that property
Define dishonestly
An act done or omitted without a belief that there was expressed or implied consent to take an item, from the person with authority.
Define claim of right
A belief at the time of the act, the person believed that they or someone else had a right to own or possess the property that is the subject of the offence.
Define ownership
A person regarded as the owner has to have..
Possession or control of the property
Interest in that property OR
The right to take possession or control of the property.
Define property
Something that belongs to a person and is capable of being damaged.
What is the difference between TAKING and USES OR DEALS WITH?
With taking there was never consent to take, use or deal with the property,
With using or dealing you first gained possession or control of the property then begin to make decisions about that property as if you were the owner.
Why does the value of the item important?
The value of the item determines the sentence…
<500 - 3 months
500> - 1 year
<1000 - 7 years (along with theft by persons in special relationship)
