Dishonesty - Theft

Question 1

Elements of theft by taking

Answer 1

1. Dishonestly
2. Without claim of right
3. Takes
4. Any property
5. With intent to deprive any owner permanently of that property
   OR
   With intent to deprive any owner permanently of any interest in that property

Question 2

Sections related to theft by taking

Answer 2

CA 1961 S.219 (1) &

CA 1961 S.223 (b) or (c) or (d)

Question 3

Meaning of: dishonestly

Answer 3

The belief that authority or consent have not been given

Question 4

Meaning of: without claim of right

Answer 4

The belief that they have no right to possess or own the property

Question 5

Meaning of: takes

Answer 5

Physically moves the property

Question 6

Meaning of: any property

Answer 6

Anything belonging to another person that has a value

Question 7

Meaning of: with intent to deprive any owner permanently of that property
OR
with intent to deprive any owner permanently of any interest in that property

Answer 7

• no intention or returning or deals with the property in way it can not be restored
• the interest another has in the property is taken (50/50 share in a car. One owner deals the car by selling and keeping the profit)

Question 8

Elements of theft by uses or deals

Answer 8

1. Dishonestly
2. Without claim of right
3. Uses or deals with
4. Any property
5. With intent to deprive any owner permanently of that property
   OR
   with intent to deprive any owner permanently of any interest in that property
6. After obtaining possession or control of that property in whatever manner

Question 9

Meaning of: dishonestly

Answer 9

The belief that authority or consent have not been given

Question 10

Meaning of: without claim of right

Answer 10

The belief that they have no right to possess or own the property

Question 11

Meaning of: uses or deals with

Answer 11

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

Question 12

Meaning of: Any property

Answer 12

Anything belonging to another person that has a value

Question 13

Meaning of: with intent to deprive any owner permanently of that property
OR
with intent to deprive any owner permanently of any interest in that property

Answer 13

• no intention or returning

- deals with the property in way it can not be restored

Question 14

Meaning of: after obtaining possession or control of that property in whatever manner

Answer 14

Legally obtained possession or control of that property

Question 15

Penalties of theft

Answer 15

< $500 = 3 months
$500-$1000 = 1 yrs
> $1000 = 7 yrs

Question 16

What is value

Answer 16

Value is the current resale value not the value to replace

Question 17

An owner is a person who has..

At the time it is stolen

Answer 17

1. Possession or control
2. Any interest
3. The right to take possession or control