Theft

Question 1

What are the elements of Theft (Taking)?

Answer 1

-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

Question 2

What are the elements of Theft (Using and Dealing)?

Answer 2

-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

Question 3

Other types of Theft?

Answer 3

• Theft by person in special relationship
• Theft of animals
• Theft by Spouse

Question 4

Difference between “taking” and “using and dealing”?

Answer 4

Taking refers to obtaining the property without any consent from the owner.
Using & dealing refers to initially having consent but then keeping the property against the owners wishes (hire car).

Question 5

Why is the value of the item important?

Answer 5

The value of the item will determine how serious the penalty.

Question 6

Which Act covers Theft (taking)?

Answer 6

Crimes Act 1961 Section 219(1)(a)

Question 7

Which Act covers Theft (using and dealing)

Answer 7

Crimes Act 1961 Section 219(1)(b)