Theft & related

Question 1

Elements of theft

Takes

Answer 1

• Dishonestly
• without right of claim
• takes
• any property
• with intent to deprive any owner permanently of that property
  Or deprive owner of interest in that property

Question 2

Elements of theft

Uses or deals

Answer 2

• dishonestly
• without claim of right
• uses or deals with
• any property
• with intent to deprive any owner permanently of that property
  Or
• intent to deprive owner of property of which they have an interest
• after obtaining possession or control in whatever manner.

Question 3

Define dishonestly

Answer 3

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

Question 4

Name 5 types of theft

Answer 4

• takes
• uses or deals
• of animals (kills only)
• by person in a special relationship
• by spouse

Question 5

Elements of Burglary

Answer 5

• without authority / remains without authority
• enters OR having enterred
• any building or ship or part there of
• with intent to commit an imprisonable offence

Question 6

What do u call entry by way of cunning, skilled or artful tactics?

Eg makes up a false phone company idea and enters.

Answer 6

Artifice

Question 7

Define an enclosed yard

Answer 7

Where the bulk of the boundary is in some way enclosed eg a fence on 3sides.
Property stolen from a front lawn thats not fenced is theft

Question 8

Define “without lawful authority”

Answer 8

An absence of authority expressed or implied, from a person the defendant believes is legally able to give consent

Question 9

Unlawful consent can be by way of ;

Answer 9

• artiface
• threat
• dishonestly

Question 10

Elements of Robbery

Answer 10

• theft
• accompanied by violence or threats of violence
• to any person or property
• used to extort the stolen property
  Or to prevent or overcome resistance to the property being stolen

Question 11

What other offence can occur with robbery minus theft

Answer 11

• assaults with intent to rob

Or

• demanding with menace

Question 12

Define violence

Answer 12

• the unlawful exercise of physical force

More than minimal or technical force.

Question 13

Explain extorting property

Answer 13

To obtain by violence or intimidation, or extract forcibly

Question 14

Define aggravated robbery

Answer 14

• causes grievious bodily harm to any person
• 2+ people involved in robbery
• armed with offensive weapon or instrument, robs a person

Question 15

Elements of

Recieves stolen property

Answer 15

Recieves
Any property stolen or obtained by imprisionable offence
Knowing the property to have been stolen or so obtained
Being reckless as to whether the property had been stolen or so obtained.

Question 16

Define receives

Stolen property

Answer 16

Exclusively or jointly with theif or any other person has possession or control over anything unlawfully obtained or helps to conceal or dispose.

Question 17

Define stolen property

Answer 17

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

Question 18

Define recklessly recieving

Answer 18

Recieves property conciously taking an unreasonable risk that the property is stolen or obtained by imprisonable offence.

Question 19

To receive the property must be

Answer 19

Original !!!!

Whole or part of

Question 20

4 types of possession

Answer 20

Knows where item is

Knows item is stolen

Actual or potential control of item

Intention to exercise that control over item

Question 21

What is

Helps in concealing or disposing stolen property

Answer 21

Assisting by hiding

A person does not have to handle the property.

Someone who arranges, assists in, the sale of the item for a share of the proceeds.