Theft, robbery, receiving, burglary

Question 1

Theft by taking

Answer 1

Crimes Act 1961 
Sec 219 (1) (a) , 223(b), 223(c) , 223(b).

DISHONESTLY (Without belief of consent or authority)

WITHOUT CLAIM OF RIGHT (No belief in a right to own it)

TAKES (Physically moves the property)

ANY PROPERTY

WITH THE INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THAT PROPERTY
OR
WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THAT PROPERTY

Question 2

THEFT by using or dealing

Answer 2

Sec 219 (1)(b) and 223 (b) or 223 (c) or 223(d)

DISHONESTLY

WITHOUT CLAIM OF RIGHT

USES OR DEALS WITH

ANY PROPERTY

WITH THE 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.

Question 3

Penalty for theft for anything more than 1000$ or Section 220 (theft by people in special relationships)

Answer 3

7 years

Question 4

Penalty for theft between 500$ and 1000$

Answer 4

1 year

Question 5

Penalty for theft below 500$

Answer 5

3 months

Question 6

Define DISONESTLY:

Answer 6

Done or omitted without a belief that there was express or implied consent or authority

Question 7

Define claim of RIGHT:

Answer 7

At the time of the offence the person believe they had the right to own or possess the property.

Question 8

POSSESSION OF INSTRUMENT OF BURGLARY

Answer 8

SECTION 231 (1) (a) Crimes Act 1961

WITHOUT LAWFUL AUTHORITY OR EXCUSE

HAS IN HIS POSSESSION

ANY INSTRUMENT CAPABLE OF BEING USED FOR BURGLARY

WITH THE INTENT TO USE IT FOR SUCH A PURPOSE

Question 9

BURGLARY

Answer 9

SECTION 231 (1) (a) 
10 YEARS (14 YEARS AGGRAVATED) 

ENTERS

ANY BUILDING/SHIP/ANY PART OF BUILDING/PART OF ANY SHIP

WITHOUT AUTHORITY

WITH THE INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING (there must be an intent)
OR
SHIP

Question 10

Having entered the building

Answer 10

Section 231 (1) (b) 
10 YEARS

HAVING ENTERED

ANY BUILDING/SHIP

REMAINS WITHOUT AUTHORITY (remains when consent to be within the ship or building no longer applies)

WITH THE INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING/SHIP

Question 11

RECEIVING

Answer 11

Section 246(1) and 247 (2) or 247 (b) or 247 (c)

RECEIVES (either exclusively or jointly or held in concealment or disposal)

ANY PROPERTY STOLEN
OR
ANY PROPERTY OBTAINED BY ANOTHER IMPRISONABLE OFFENCE

KNOWING THAT PROPERTY TO HAVE BEEN STOLE OR SO OBTAINED
OR
BEING RECKLESS AS TO WHETER THE PROPERTY WAS STOLEN OR OBTAINED

Question 12

Define possession in relation to receiving:

Answer 12

Aware that the item is where it is
Aware hat has been stolen
Actual of potential control of the item
An intention to exercise control

Question 13

Penalties for receiving:

Answer 13

> 1000$ 7 years
500$ 1 year
<500$ 3 months

Question 14

Doctrine of recent possession:

Answer 14

Found with a property recently stolen, person have to prove explanation.

Question 15

ROBBERY

no violence AND property taken = THEFT

Answer 15

Section 234 (1) and (2) Crimes Act 1961
10 Years

THEFT

ACCOMPANIED BY VIOLENCE (before or at the time)
OR
ACCOMPANIED BY THREATS OF VIOLENCE

TO ANY PERSON
OR
TO ANY PROPERTY

USED TO EXPORT THE PROPERTY STOLEN
OR
TO PREVENT OR OVERCOME RESISTANCE TO THE THE PROPERTY BEING STOLEN.

Question 16

FAILED ROBBERY WHERE VIOLENCE IS USED?

Answer 16

ASSAULT ITH INTENT TO ROB SECTION 236 (7 YEARS)

Question 17

AGGRAVETED ROBBERY SECTION AND PENALTY?

Answer 17

235 CRIMES ACT 61

14 YEARS

Question 18

DEMANDING WITH INTENT TO STEAL

Answer 18

SEC 239

7 YEARS

Question 19

Basic principles to deal with robbery

Answer 19

FREEZE
GUARD
CONTROL
PRESERVE