OF03 Theft

Question 1

What are the elements of Theft by Taking? S219(1)(a) CA1961

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 that property.

Question 2

What are the elements of Theft by Using or Dealing S219(1)(b) CA1961?

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 that property
• After obtaining possession or control of that property in whatever manner.

Question 3

What are the penalties for theft? S223 CA1961

Answer 3

• Section 220, special relation, 7 years
• exceeds $1000, 7 years
• exceeds $500, less that $1000, 1 years
• less than $500, 3 months

Question 4

What does dishonestly mean?

Answer 4

WITHOUT a BELIEF that CONSENT or AUTHORITY was GIVEN by the owner of the property.

Question 5

DEFINE:

without claim of right.

Answer 5

No BELIEF in a right to OWN or possess the property.

Question 6

What does takes mean?

Answer 6

Physically moves the property. (Illegal gains possession)

Question 7

What does uses or deals with mean?

Answer 7

Gains POSSESSION or CONTROL of the property, but then EXCEEDS AUTHORITY or conditions given by the owner by using or dealing with the property in whatever manner. Begin to make decisions about the property as if you were the owner. (Legally gains possession)

Question 8

What does any property mean?

Answer 8

Property that belongs to another person and has VALUE.

Question 9

What does with intent to deprive any owner permanently of that property mean?

Answer 9

An intent to deprive any owner permanently of that property
OR
DEALS with the property in a MANNER so that it CANNOT be RESTORED to its ORIGINAL condition

Question 10

DEFINE:

intent to deprive any owner permanently of any INTEREST in that property

Answer 10

’’ (Joint interest between 2 or more people)

Question 11

What does after obtaining possession or control of that property in whatever manner mean?

Answer 11

Legally obtained possession or control of that property for him/herself or any other person.

Question 12

Who is the owner at the time of theft?

Answer 12

• The person in possession or CONTROL of that property
• any INTEREST in that property
• the RIGHT to take possession or control of the property