Theft Must Knows Flashcards
1
Q
Theft CA1961 s219 taking
A
- dishonestly
- without claim of right
- 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.
2
Q
Theft (uses or deals)
A
- dishonestly
- without claim of right
- uses or deals with
- 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.
- after obtaining possession or control of that property in whatever manner
3
Q
Define dishonestly
A
Without belief that there was consent or authority from the owner.
4
Q
Define without claim of right
A
No belief in the right to own or possess the property
5
Q
Define takes
A
Physically moves
6
Q
Uses or deals with
A
Exceeds the authority or conditions given by using or dealing with the property in any manner
7
Q
When does a person have ownership?
A
- when they have possession or control
- any interest in the property
- the right to take possession or control
8
Q
Define property
A
Anything tangible or intangible that is the property of another person and has a value
9
Q
Why is knowing the value of an item important?
A
It determins the penalty
- Value exceeds $1000 7 years
- exceeds $500 1 year
- under $500 3 months
