Theft - OF03 BY TAKING

Question 1

What are the elements of theft by taking?

Answer 1

-Dishonestly
-Takes
-Any property
-With the intent to deprive the owner permanently of that property
OR
of any interest in that property

Question 2

Dishonestly proven by:

Answer 2

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

Question 3

Takes proven by:

Answer 3

Physically moves the property

Question 4

Any property proven by:

Answer 4

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

Question 5

With the intent to deprive the owner permanently of that property.

OR
With intent to deprive any owner of any interest in that property

Proved by:

Answer 5

An intent to deprive the owner permanently of the property.

OR

deal with the property in a manner so that it cannot be restored to it’s original condition

An intent to deprive the owner permanently of that part of the property which they have an interest

Question 6

Without the claim of right proved by:

Answer 6

No belief in the right to own or possess the property

Question 7

What is a claim of right example?

Answer 7

Person A lends person B their trailer. Sometime later, Person B refuses to return the trailer to person A. Person A then effectively has to “steal” or take back off person B. Person A has the claim of right to the trailer

Question 8

Uses or deals with meaning

Answer 8

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

Question 9

Example of using or dealing:

Answer 9

Person hires jackhammer from hirecentre and after using it decides to keep it for further use despite being asked to return it to the hirecentre

Question 10

When is theft complete?

Answer 10

The theft is complete when the property was taken from the owner, without authority, and with the intent to deprive the owner permanently of that property

Question 11

Why is knowing the value of an item important?

Answer 11

It determines the penalty imposed upon conviction.

Crimes act s223

Question 12

Penalty’s;

Answer 12

Over $1000 = 7 years
Over $500 = 1 year
Under $500 = 3 months
Value is properties current value not replacement cost

Question 13

What is interest?

Answer 13

Joint ownership