Theft/Theft of M/V/Take M/V without consent/Fraud Flashcards
s. 322(1) Theft - Everyone commits theft who…
(1) fraudulently without colour of right
(2) TAKES or CONVERTS anything
(3) with INTENT
(4) deprive
(5) the owner/person who has special property interest
Definition of Colour of Right
(1) Honest belief
(2) facts or circumstances
(3) legal justification/excuse
When is theft complete?
(1) with intent to steal
- moves
- causes movement
- causes it to be moveable
s. 335(1) - Take Motor Vehicle/Vessel Without Consent - Everyone…
(1) without consent
(2) takes M/V or vessel
(3) intent/cause to drive/navigate/operate
(4) occupant knowing it was taken
Summary
Exemption
- occupant attempts to leave once they know
- or actually leaves
s. 380(1) - Fraud - Everyone who, by
(1) deceit/falsehood/fraudulent means
(2) false pretense
(3) defrauds anybody
(4) property, money or valuable security/service
Main points of fraud are (3)?
(1) theft by trickery
(2) past, present, future
(3) money, property, valuable security/service