Theft Flashcards
Definition of theft
A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
What are the points of proof for theft?
Identity
Dishonesty
Appropriates
Property
Belonging to another
Intention to permanently deprive
What 2 things does property have to have to be subject of theft?
Value
An owner
s73(12) CA is?
Intention to permanently deprive
What are the 3 defences when a persons appropriation of property will not be dishonest?
Believed they had in law a right to deprive the other of it. (repairs on a car)
Believed he/she would have the consent of the other person to take the property in the circumstances. (lawnmower)
Believed the owner could not be located by taking reasonable steps. (mainly occurs where appropriation of the property is by finding)
What offence is committed if someone attempts to commit an indictable offence?
Any person who attempts to commit and I/O is guilty of the I/O of attempting to commit that offence.
S79(1) RSA Interfering or tampering with a motor vehicle.
A person who, without just cause or excuse, tampers or interferes with a motor vehicle owned by another person is guilty of an offence.
The accused has the burden of proving just cause or excuse
What are interfering or tampering with motor vehicle points of proof?
Identity
Tampers or interferes
motor vehicle- owned by another person
Robbery S75 CA is?
A person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any other person or puts or seeks to put any person in fear that he or another person will then and there be subjected to force.
What classification is robbery?
And do you have an arrest power?
I/O
Yes S459CA
Points of proof for robbery are:
Same as theft plus (IDAPBI)
Use of force or fear or threat of impending force to any person IN ORDER TO STEAL
What are the three key elements that must be proven for the offence of robbery?
Points of proof
- Committed theft
- Immediately before or at the time of the theft, the accused: used force on any person, Put any person in fear of being subject to force.
- The accused did so in order to commit theft
Armed robbery S75a CA
A person who is guilty of armed robbery if he commits any robbery and at the time has with him a firearm, immitation firearm, offensive weapon, explosive or immitation explosive within the meaning assigned to those terms for the purpose of section 77.
What are the points of proof for Armed robbery?
Same as robbery plus
has with him/her at the time:
Firearm or immitation firearm
offensive weapon
explosive or immitation explosive
Handle stolen goods S88(1) CA
A person handles stolen goods if knowing or believing them to be stolen goods he dishonestly recieves the goods or brings them into Victoria, or dishonestly undertakes or assists in bringing them into Victoria or in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.
