What are the points of proof in regards to theft?
- Identity
- Dishonestly
- Appropriates
- Property
- Belonging to another
- Intention to permanently deprive
What must property have in order to be the subject of a theft?
- an owner; and
- value
Does an owner of property have to be identified?
No.
What are the elements of theft?
- the accused acted dishonestly
- the accused appropriated property belonging to another
- the accused did so with the intention of permanently depriving the other of the property
When might a persons appropriation of property not be dishonest?
- a belief they had, in law, a right to deprive the other of it, on behalf of themselves or a third person
- a belief they would have the consent of the other persons to take the property in the circumstances
- a belief the owner could not be located by taking reasonable steps. This occurs mainly where appropriation of the property is by finding
What is the criteria for a shopsteal caution?
- the total retail value of the property is under $100
- the circumstances must not involve theft from more than one store
- the offender must admit the offence; and
- there are no aggravating circumstances such as assault, theft by a staff member or by a person whose such employment causes such a caution to be inappropriate (i.e. Police Member)
Under what jurisdiction does theft fall under?
Theft is an indictable offence triable summarily where the value of the property stolen does not exceed $100 000
What is a TOMV?
Theft of Motor Vehicle, accused took possession of a vehicle with conclusive evidence they intended to permanently deprive the rightful owner of it. A Motor Vehicle includes:
- a vessel (powered by a motor or not)
- all types of water craft, jet skis and things towed by water craft
- aircraft includes seaplanes, whilst on the water
When would a passenger not also be charged with TOMV?
When the accused steals a motor vehicle:
- and does not inform the passenger the vehicle is stolen; or
- purports to be the owner of the vehicle; and
- the passenger has no knowledge the vehicle was stolen
What is the jurisdiction of TOMV?
TOMV is an indictable offence triable summarily irregardless of the value of the vehicle. For theft of an aircraft, the aircraft’s value must not exceed $100 000 to be heard summarily.
What is the difference between interference and tampering with a vehicle?
Interfere - to handle a car to apply pressure to it, but not to change it.
Tamper - to meddle with the vehicle so as not to change it.
Example: Trying car door handles would amount to interfere. Deflating tyre pressure on a vehicle would amount to tamper.
This is a Summary Offence.
What is a charge one could use for theft of motor vehicle without intention to permanently deprive?
Illegal Taking or Use of Vehicles. Summary Offence.
