Offence- Theft

Question 1

What 5 elements must be present order for theft to occur?

Answer 1

• Dishonesty
• Without claim of right
• Takes
• Any property
• With intent to deprive any owner permanently of that property or any interest in that property.

Question 2

What comes under S219(a) Crimes Act 1961

Answer 2

Theft- 5 Elements

Question 3

What comes under S219(b) of the Crimes Act 1961?

Answer 3

Uses or deals

Question 4

What are the 6 elements for uses and deals?

Answer 4

• Dishonestly
• Without claim of right
• uses or deals
• any property
• with the intent to deprive the owner permanently of that property or interest in that property
• after obtaining possession or control of that property in whatever manner.

Question 5

What is the difference between TAKES and USES or DEALS?

Answer 5

Take- physically removing the property

Uses or deals- exceeds the authority or conditions given by uses or dealing with the property in any matter.

Question 6

Why is the value of an item important?

Answer 6

The value of an item is its current resale value, not its replacement value

Question 7

Theft by person in special relationship S220 CA 1961

Answer 7

Any person who has received or is in possession of or control over, any property and who is required to: account to any person or for any proceeds arising from that property.

Question 8

Theft of animals

Answer 8

S221 of CA 1961

If he or she kills any animal that is property of any other person with intent to steal any part of the animal.

Question 9

Theft by spouse?

Answer 9

S222 CA 1961

A person may be convicted of theft of another’s property even though those people were married to each other at the time of the theft.