Theft Flashcards

1
Q

What are the points of proof in regards to theft?

A
  • Identity
  • Dishonestly
  • Appropriates
  • Property
  • Belonging to another
  • Intention to permanently deprive
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2
Q

What must property have in order to be the subject of a theft?

A
  • an owner; and

- value

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3
Q

Does an owner of property have to be identified?

A

No.

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4
Q

What are the elements of theft?

A
  • the accused acted dishonestly
  • the accused appropriated property belonging to another
  • the accused did so with the intention of permanently depriving the other of the property
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5
Q

When might a persons appropriation of property not be dishonest?

A
  • a belief they had, in law, a right to deprive the other of it, on behalf of themselves or a third person
  • a belief they would have the consent of the other persons to take the property in the circumstances
  • a belief the owner could not be located by taking reasonable steps. This occurs mainly where appropriation of the property is by finding
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6
Q

What is the criteria for a shopsteal caution?

A
  • the total retail value of the property is under $100
  • the circumstances must not involve theft from more than one store
  • the offender must admit the offence; and
  • there are no aggravating circumstances such as assault, theft by a staff member or by a person whose such employment causes such a caution to be inappropriate (i.e. Police Member)
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7
Q

Under what jurisdiction does theft fall under?

A

Theft is an indictable offence triable summarily where the value of the property stolen does not exceed $100 000

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8
Q

What is a TOMV?

A

Theft of Motor Vehicle, accused took possession of a vehicle with conclusive evidence they intended to permanently deprive the rightful owner of it. A Motor Vehicle includes:

  • a vessel (powered by a motor or not)
  • all types of water craft, jet skis and things towed by water craft
  • aircraft includes seaplanes, whilst on the water
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9
Q

When would a passenger not also be charged with TOMV?

A

When the accused steals a motor vehicle:

  • and does not inform the passenger the vehicle is stolen; or
  • purports to be the owner of the vehicle; and
  • the passenger has no knowledge the vehicle was stolen
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10
Q

What is the jurisdiction of TOMV?

A

TOMV is an indictable offence triable summarily irregardless of the value of the vehicle. For theft of an aircraft, the aircraft’s value must not exceed $100 000 to be heard summarily.

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11
Q

What is the difference between interference and tampering with a vehicle?

A

Interfere - to handle a car to apply pressure to it, but not to change it.
Tamper - to meddle with the vehicle so as not to change it.

Example: Trying car door handles would amount to interfere. Deflating tyre pressure on a vehicle would amount to tamper.

This is a Summary Offence.

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12
Q

What is a charge one could use for theft of motor vehicle without intention to permanently deprive?

A

Illegal Taking or Use of Vehicles. Summary Offence.

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