Theft

Question 1

What are the Elements of Theft (Takes) ?

Answer 1

• Dishonestly
• Without claim of right
• Takes
• Any property
• With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in the property

Crimes Act 1961, Sec 219 (1)(a) & 223 (b) or 223 (c) or 223 (d)

Question 2

What are the 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 With intent to deprive any owner permanently of any interest in the property
• After obtaining possession or control over that property in whatever manner

219 (1)(a) & 223 (b) or 223 (c) or 223 (d)

Question 3

Definition of takes ?

Answer 3

For tangible property, theft is committed when the offender moves the property or causes it to be moved. The slightest moving is enough.

Question 4

Definition of dishonestlty ?

Answer 4

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

Question 5

Definition of Claim of Right ?

Answer 5

No belief in a right to own or possess the property.

Question 6

Definition of property ?

Answer 6

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

Question 7

What is the difference between the term “taking” and “using” and “dealing” ?

Answer 7

Taking - physically moves the property

Using or dealing -Exceeds the authority or conditions given by using or dealing with the property in any manner
(To “use or deal with” property, you must first gain possession or control of the property and then begin to make decisions about that property as though you were the owner)

Question 8

Act and Section for Theft (takes) ?

Answer 8

Crimes Act 1961, Sec 219 (1)(a) & 223 (b) or 223 (c) or 223 (d)

Question 9

Act and Section for Theft (Uses and Deals) ?

Answer 9

Crimes Act 1961, Sec 219 (1)(b) & 223 (b) or 223 (c) or 223 (d)

Question 10

Penalty for item exceeding $1000

Answer 10

Not exceeding 7 years

Question 11

Penalty for item exceeding $500, but not $1000

Answer 11

Not exceeding 1 year

Question 12

Penalty for item under $500

Answer 12

Not exceeding 3 months