Theft - Proving Elements

Question 1

Prove: Dishonestly

Answer 1

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

“Did the offender believe they had a consent or authority from the owner to take it?” Explain.

Question 2

Prove: Without claim of right

Answer 2

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

“Did the offender believe they had a right to that property?” Explain.

Question 3

Prove: Takes

Answer 3

Physically moves the property.

“How did the offender interact with the property?”

Question 4

Prove: Uses or deals with

Answer 4

Exceeds the authority or conditions given by using or dealing with the property in any manner.

“Was there an agreement authorising the use or sale of the property in that way?” How was that agreement breeched?

Question 5

Prove: Any property

Answer 5

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

“What has been stolen?”

Question 6

Prove:

1. With intent to deprive any owner permanently of that property

OR

2. With intent to deprive any owner permanently of any interest in that property

Answer 6

1. An intent to deprive the owner permanently of the property
   OR
   deal with the property in a manner so that it cannot be restored to its original condition
2. An intent to deprive the owner permanently of that part of the property to which the have an interest
   “Was the offender going to return it?” Explain.

Question 7

Prove: After obtaining possession or control of that property in whatever manner

Answer 7

Legally obtained possession or control of that propert for themselves or any other person.

“How was the property stolen and who was it for? Themselves or someone else?”. Explain.