Theft Flashcards
Elements of theft by taking
Dishonestly with our Khmer bride 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
Define dishonestly
Without a belief that there was concent or authority from the owner
Define claim of right
No belief in a right to own or possess the property
Define takes
Physically moves the property.
Taking does not include attaining ownership or position of or control over any property with the consent of the owner, whether or not consent is obtained by deception
Define uses or deals with
Exceeds the authority or conditions given by using or dealings with a property in any manner.
Define ownership.
A person as regarded as the owner of any property that is stolen if, at the time of the theft, that person has:
- Possession or control of the property
- Any interest in the property, or
- The right to take possession or control of the property
Any property
Anything whatsoever, with the tangible or intangible, that is the property of any person and has value
Value of item
Determines the penalty imposed upon conviction
The offence of theft by taking
Section 219 (1) (a)
The offence of stuff by using or dealing
Crimes Act 1961 comma section 219 (1)(b) & 223(b) (c) or (d)