Theft Flashcards
What are the Elements of Theft (Takes) ?
- 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 the property
Crimes Act 1961, Sec 219 (1)(a) & 223 (b) or 223 (c) or 223 (d)
What are the Elements of Theft (Uses or Deals) ?
- 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 the property
- After obtaining possession or control over that property in whatever manner
219 (1)(a) & 223 (b) or 223 (c) or 223 (d)
Definition of takes ?
For tangible property, theft is committed when the offender moves the property or causes it to be moved. The slightest moving is enough.
Definition of dishonestlty ?
Without a belief that there was consent or authority from the owner.
Definition of Claim of Right ?
No belief in a right to own or possess the property.
Definition of property ?
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
What is the difference between the term “taking” and “using” and “dealing” ?
Taking - physically moves the property
Using or dealing -Exceeds the authority or conditions given by using or dealing with the property in any manner
(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)
Act and Section for Theft (takes) ?
Crimes Act 1961, Sec 219 (1)(a) & 223 (b) or 223 (c) or 223 (d)
Act and Section for Theft (Uses and Deals) ?
Crimes Act 1961, Sec 219 (1)(b) & 223 (b) or 223 (c) or 223 (d)
Penalty for item exceeding $1000
Not exceeding 7 years
Penalty for item exceeding $500, but not $1000
Not exceeding 1 year
Penalty for item under $500
Not exceeding 3 months
