Theft And Related Offenves Flashcards
Theft definition
A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
Points of proof
Identity, dishonesty, appropriates, property, belonging to another, intention to permanent deprive
Define dishonestly
Can only relate to the stage of mind of the person who does the act which amounts to an appropriation
Appropriates define
Any assumption by a person of the rights of an owner to an appropriation
Property define
Includes money and all other property, real or personal including in action and other intangible property
With THEFT it needs 2 things, owner and value
Belonging to another define
The person who has possession or control of the property
Defences to claim of right
There are 3 occasions when appropriation of property will not be dishonest
Believed they had in law a right to deprive the other of it, on behalf of him/herself or a third person
Believed he/she would have consent of the other person to take property in the circumstances
Believed the owner could not be located by taking reasonable steps
What is section 74(14)? With theft?
For stealing a motor vehicle or an aircraft with proof the person charged took or in any manner used the motor vehicle or aircraft without consent of the owner or person in lawful possession thereof shall be conclusive evidence that the person charged intended to permany deprive the owner
SUMMARY: covers situation in any proceeding for stealing, or attempted to steal, a motor vehicle or aircraft
What to do when victim tells you that their vehicle is stolen?
Take personal details
Take car details
Enter details in LEDR MK 2 Under crime reports
Also can issue KALOF the stolen vehicle over radio
What is section 321M of crimes act?
Provided that any person who attempts to commit an indictable offence is guilty of an indictable offence of attempting to commit that offence
