Theft and Burglary Flashcards
ELEMENTS of Burglary
Section 231 (1) (a) Crimes Act 1961
- Enters
- Any building
OR ship - Without authority
- With intent to commit imprisonable offence in building
OR ship
ELEMENTS of Burglary
Section 231 (1) (b) Crimes Act 1961
- Having entered = Physically still inside
- Any building
OR ship - Remains without authority
- With intent to commit imprisonable offence in building
OR ship
Aggravated Burglary
Section 232 (1) (a) Crimes Act 1961
While committing burglary, has a weapon with them, anything as a weapon
Aggravated Burglary
Section 232 (1) (b) Crimes Act 1961
Having committed burglary, has a weapon with them, anything as weapon - STILL in building OR ship
Define: Enter
Entry is complete as soon as offenders foot, hand, body. tool/weapon is within building or ship
8trying to open doors is “attempt” to enter
Define: Intent to commit an imprisonable offence within building or ship
Reason entered is to commit crime that will result in imprisonment if caught
Define: Without Authority
Entering property OR part of property without consent/permission or legitimate reason
Define: Having entered
Offender has entered the building, ship or enclosed yard, legitimately and THEN decides to commit crime
Define: “Remains without authority”
Remains in ship/building when consent to be there no longer applies
Define: “Artiface”
“Cunning, skilled, artful”
ie. Pretending to be telecom worker to gain entry
ELEMENTS of Theft
(Takes)
Section 219 (1) (a) Crimes Act 1961
- Dishonesty
- Without claim of right
- Takes
- Any property
- Intent to deprive owner permanently or any property OR permanently of any interest in property
ELEMENTS of Theft
(using or dealing)
Section 219 (1) (b) Crimes Act 1961
- Dishonesty
- Without claim of right
- Uses or deals with
- Any property
- With intent to deprive the owner permanently of property
OR permanently of any interest in property - Obtained possession for him/herself or another person
Define: “ Dishonesty”
Section 217 of Crimes Act 1961
no BELIEF that there was consent or authority for the act from a person entitled to give consent or authority
Define: “Claim of Right”
Section 2 of Crimes Act 1961
At time of act..
Person believed they had the right to possess the property
Define: “Ownership”
A person is the owner if at time of threat..
- Has possession or control
- Any interest in property
- the right to take possession or control over property
Define: “Property”
Anything at all - tangible, intangible that is property of any person that has value
“Takes” vs “Uses and deals with”
Takes - when offender moves property or causes it to be moved
Uses/deals with - First, gain possession legally and then makes decisions with it like they are owner
Specialist Theft Offences
- Theft by special person - section 220
- Theft by animals - Section 221
- Theft by spouse - Section 222
Penalties
Section 223 (a) - (d) Crimes Act 1961
Value determines penalty
- Offence against section 220 = 7 years
- Property exceeds $1,000 = 7 years
- Property exceeds $500 = 1 year
- Property not exceeds $500 = 3 months
Value = current resale value not replaceable amount
Theft complaints procedures
- location, details, time, property
- En route: look for offender, comms, notebook
- Action @ scene: Offender present? speak to informant
- Scene examination
- Interviews: Victim and witnesses
- Locating suspect: to police station
- Final action: secure exhibit, inform NCO, advise victim
- FILE
Define: “Enter”
Part of a persons body or instrument goes inside a building or ship
