Theft and Burglary

Question 1

What are the elements of Theft by Taking?

Answer 1

1) Dishonestly
2) Without Claim of rights
3) Takes
4) Any property
5) 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 Theft by Using and Dealing?

Answer 2

1) Dishonestly
2) Without Claim of Right
3) Uses or Deals
4) Any property
5) With intent to deprive any owner permanently of of that property; OR
with intent to deprive any owner permanently of any interest in that property
6) After obtaining possession or control of that property on whatever manner.

Question 3

What must you also do in cases of Theft?

Answer 3

You must also prove the VALUE of the property. There are specific thefts for certain items or people.

Question 4

Define Dishonestly

Answer 4

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

Question 5

Define Claim of Right

Answer 5

At the time of the act, the person believed that they or someone else had a right to own or possess the property that is the subject of the offence.

Question 6

Define Ownership

Answer 6

For the purposes of 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.

Question 7

Define Property

Answer 7

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

Question 8

Define Takes

Answer 8

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

Question 9

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

Answer 9

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.

“Taking” does not include obtaining ownership or possession of, or control over, any property with the consent of the owner, whether or not consent is obtained by deception.

Question 10

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

Answer 10

1) File cover sheet and statistics
2) Police 258 report
3) Charging document
4) Caption and Summary
5) Victim impact statement (VIS)
6) Reparation schedule
7) Video interview sheet or copy of the written interview
8) Job sheets
9) police 268 report (Property Record Sheet)
10) Offender report
11) Offence Report

Question 11

Why is the value of an item important?

Answer 11

The value of the property is important because it determines the penalty imposed upon conviction. This is covered by Section 223 of the Crimes Act 1961.

Question 12

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

Answer 12

1) Theft by person in Special Relationship (section 220 Crimes Act 1961)
2) Theft of Animal (section 221 Crimes Act 1961)
3) Theft by Spouse (section 222 Crimes Act 1961)

Question 13

What are the elements of Burglary 231(1)(a)?

Answer 13

1) Enters
2) any buildin;OR
Any ship;
OR
3) any part of a building or ship
4) without authority
5) with intent to commit an imprisonable offence in the building or ship

Question 14

What are the elements of Burglary 231(1)(B)?

Answer 14

1) Having entered
2)Any building;
OR
Any Ship
3) without authority
4) with intent to commit an imprisonable offence in the building
OR
Ship

Question 15

Define Enters

Answer 15

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.

Question 16

Define Building or Ship

Answer 16

Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel

Any vessel used in navigation, however propelled.

Question 17

Define Remains in it without authority

Answer 17

Remains when consent to be within the building or ship no longer applies.

Question 18

Define Intent to commit an imprisonable offence with the building OR ship

Answer 18

There must be an intention to commit an imprisonable offence in the building or ship.

Question 19

Recognise the circumstances that amount to burglary

Answer 19

Burglary is a ‘thinking offence’. What the offender is thinking is relevant to whether or not the person’s actions constitute burglary.

Question 20

Discuss the powers of arrest for Burglary

Answer 20

Section 315 of the Crimes Act 1961 gives the police a power of arrest without a warrant for this offence.