Theft

Question 1

What are the elements of the offences of theft and dishonestly 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 the offences of theft and dishonestly using?

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

What do the following terms mean?

− dishonestly

Answer 3

Without a belief that there was consent or authority from the owner.

Question 4

What do the following terms mean?

− claim of right

Answer 4

No belief in a right to own or possess the property.

Question 5

What do the following terms mean?

− ownership

Answer 5

For this offence, 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

What do the following terms mean?

− property.

Answer 6

For tangible property, theft is committed when the offender moves the property or causes it to be moved. The slightest moving is enough.

Question 7

What is the difference between the term “taking” and the term “using” and “dealing”?

Answer 7

Taking: For tangible property, theft is committed when the offender moves the property or causes it to be moved. The slightest moving is enough.

Using and dealing: 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 matters do you have to consider when attending to a theft or dishonestly taking/using complaint?

Answer 8

You must also prove: the value of the property.

Question 9

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

Answer 9

If the offender is located, your file should consist of:
• 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 10

Why is the value of an item important?

Answer 10

So you know that the offender can be charged under.

Question 11

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

Answer 11

Theft by person in special relationship.
Section 220 of the Crimes Act 1961.

Theft of animals
Section 221 of the Crimes Act 1961.

Theft by spouse
Section 222 of the Crimes Act 1961.