Theft (takes and using or dealing)

Question 1

What are the ingredients for Theft (taking) (5)?

Answer 1

Dishonestly

Without claim of right

Takes

Any property

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

Question 2

What are the ingredients for Theft (using or dealing) (6)?

Answer 2

Dishonestly

Without claim of right

Uses or deals

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

What must also be proved with theft?

Answer 3

The value of the property.

Question 4

Define dishonestly:

Answer 4

WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the OWNER.

Question 5

Define claim of right:

Answer 5

NO BELIEF that the act was LAWFUL

Question 6

Define ownership:

Answer 6

Has possession or control of the property

Any interest in the property

The right to take possession or control of the property.

Question 7

Define the theft term for property:

Answer 7

ANYTHING which tangible or non-tangible.

Property of any person and has value.

Question 8

What is the difference between ‘taking’ and ‘Using & dealing’?

Answer 8

‘Taking’ is to physically take the property with no authority, whereas for ‘using or dealing’ possession of the property has to be gained first and then the person has to make decisions about the property as though they were the owner.

Question 9

What documentation is required for a theft or dishonestly taking/using file?

Answer 9

File cover sheet and statistics
Police 258 report
Charging document
Caption and Summary
Victim impact statement
Reparation schedule
Video interview sheet or copy of the written interview
Job sheets
Police 268 (property record sheet)
Offender report
Offence report

Question 10

Why is the value of an item important?

Answer 10

To ensure we meet the ingredients for theft and to determine the appropriate penalty.

Question 11

What are some of the other specific thefts and where can they be found?

Answer 11

Theft by person in a special relationship

Theft of animals

Theft by spouse

Section 220 of the Crimes Act 1961

Question 12

What matters do you have to consider when attending to a theft or dishonestly taking/using complaint?

Answer 12

VAWSEIPO - Initial action and scene examination?

Question 13

Define With intent to deprive any owner permanently of that property:

Answer 13

Deprive the owner permanently OR

DEAL WITH IT in a manner so it CANNOT BE RESTORED TO ITS ORIGINAL CONDITION

Question 14

Define After obtaining possession and control of that property in whatever manner:

Answer 14

Obtains possession or control

for himself/herself or any other person

Question 15

Define Uses or deals with:

Answer 15

Obtains possession or control

Exceeds the authority or conditions

BY USING OR DEALING with the property IN ANY MANNER