Theft

Question 1

What are the elements of theft?

Crimes Act 1961, Sec 219(1)(a) & 223(b) or 223(c) or 223(d)

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 the theft? (uses or deals)

Crimes Act 1961, Sec 219 (1)(b) & 223(b) or 223(c) or 223(d)

Answer 2

Dishonestly
Without Claim of Right
Uses or Deals
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

Define Dishonestly

Answer 3

‘Dishonestly’ in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 4

Define Claim of right

Answer 4

Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

Question 5

Define Ownership

Answer 5

a person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has:
a) possession or control of the property
b) any interest in the property, or
c) the right to take possession or control of the property.
An owner of any property may be guilty of theft against another owner of that property.

Question 6

Define Property

Answer 6

Anything whatsoever, whether tangible or intangible, that is the
property of any person and has value.

Question 7

What is the difference between The term “taking”and the term “Uses or Deals”?

Answer 7

For tangible property, theft is committed when the offender moves the property or causes it to be moved. The slightest moving is enough.
To “use or deal with” property, you must first gain possession or control of the property and then begin to make decisions about that property as though you were the owner.

Question 8

What documentation is required for a theft or dishonestly taking/using file?

Answer 8

File Cover Sheet and statistics
• Police 258 Report
• Charging Document
• Caption and Summary
• Victim Impact Statement
• Reparation Schedule
• Video Interview Sheet or copy of the written interview
• Job Sheets
• Police 268 (Property Record Sheet)
• Offender Report
• Offence Report

Question 9

Why is the value of an item important?

Answer 9

a) in the case of an offence against section 220 (theft by person in special
relationship), to a term of imprisonment not exceeding seven years;
b) if the value of the property exceeds $1000, to a term of imprisonment not
exceeding seven years;
c) if the value of the property exceeds $500, to a term of imprisonment not
exceeding one year;
d) if the value of the property does not exceed $500, to a term of
imprisonment not exceeding three months.

Question 10

What are some of the other specific thefts and where can they be found?

Answer 10

220 of the Crimes Act 1961. Theft by person in special relationship
Theft of animals 221 of the Crimes Act 1961.
Theft by spouse This offence is found in section 222 of the Crimes Act 1961.