Theft OF03

Question 1

What are the elements of theft by taking? S219(1)(a)

Answer 1

Dishonestly
Without claim of right
Takes
Any property
With intent to derive any owner of that permanently if that property
OR
With intent to deprive any owner of any interest in that property

Question 2

What are the elements of theft by using and dealing? S219(1)(b)

Answer 2

Dishonestly
Without claim of right
Uses or deals with
Any property
With intent to derive any owner permanently of that property
OR
With intent to deprive any owner of any interest in that property
After obtaining possession or control of that property in whatever manner

Question 3

Why is knowing the value of a item important?

Answer 3

It determines the penalty imposed upon conviction.
Value exceeds $1000 - Not exceeding 7 years
Exceeds $500 but under $1000 - Not exceeding 1 year
Does not exceed $500 - Not exceeding 3 months

Question 4

Explain the following term

Any Property

Answer 4

Anything whatsoever, tangible or intangible that is the property of another person and has value

Question 5

Explain the following term:

Ownership

Answer 5

A person is a owner who has:
Possession or control of the property (police uniform)
Any interest in that property (watch cleaner)
The right to take possession or control of that property (A and B buy a boat)

Question 6

Explain:

Uses and deals

Answer 6

To use or deal property you gain possession or control and begin to make decisions about that property as though you were the owner

Question 7

Theft is completed when?

Answer 7

When the offender moves the property or causes it to be moved. The slightest moving is enough.

Question 8

Explain the following term:

Takes

Answer 8

Physically moves the property

Question 9

Explain the following term:

Without claim of right

Answer 9

No belief in a right to own or possess the property

Question 10

Explain the following term:

Dishonestly

Answer 10

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