Theft

Question 1

Theft by Taking, Section 219(1)(a) Crimes Act 1961:

What is the First element?

Answer 1

Dishonestly-

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

Question 2

Theft by Taking, Section 219(1)(a) Crimes Act 1961:

What is the Second element?

Answer 2

Without claim of right-

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

Question 3

Theft by Taking, Section 219(1)(a) Crimes Act 1961:

What is the Third element?

Answer 3

Takes-

Physically moves the property.

Question 4

Theft by Taking, Section 219(1)(a) Crimes Act 1961:

What is the fourth element?

Answer 4

Any property-

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

Question 5

Theft by Taking, Section 219(1)(a) Crimes Act 1961:

What is the Fifth element?

Answer 5

With the intent to deprive any owner permanently of that property
OR
With the intent to deprive and owner permanently of any interest in that property.

Question 6

Theft by Using or Dealing, Section 219(1)(b) Crimes Act 1961:
What is the First element?

Answer 6

Dishonestly-

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

Question 7

Theft by Using or Dealing, Section 219(1)(b) Crimes Act 1961:
What is the Second element?

Answer 7

Without claim of right-

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

Question 8

Theft by Using or Dealing, Section 219(1)(b) Crimes Act 1961:
What is the Third element?

Answer 8

Uses or Deals with-

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

Question 9

Theft by Using or Dealing, Section 219(1)(b) Crimes Act 1961:
What is the Fourth element?

Answer 9

Any property-

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

Question 10

Theft by Using or Dealing, Section 219(1)(b) Crimes Act 1961:
What is the Fifth element?

Answer 10

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

Question 11

Theft by Using or Dealing, Section 219(1)(b) Crimes Act 1961:
What is the Sixth element?

Answer 11

After obtaining possession or control of that property in whatever manner-
Legally obtained possession or control of that property for himself/herself or any other person.

Question 12

Why is the value of the property stolen important?

Answer 12

It determines the penalty imposed upon conviction. Section 223 of the Crimes Act 1961.
(The value of an item is its current resale value, not its replacement value)

Question 13

Define-

Takes

Answer 13

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

Question 14

Define-

Dishonestly

Answer 14

In relation to an act or omission, means done or omitted without a belief that there was an express or implied consent to, or authority for, the act of omission from a person entitled to give such consent or authority.

Question 15

Define-

Claim of Right

Answer 15

At the time of the act, the person believed that they or someone else had a right to own or possess the property that is the subject of the offence.
Eg, Person A lends person B their trailer. Sometime later, person B refuses to return the trailer back to person A. Person A the has to effectively “steal” or take it back off person B. Person A has claim of right to the trailer.

Question 16

Define-

Uses or Deals with

Answer 16

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 17

Define-

Any Property

Answer 17

It includes tangible things, (items you can touch) as well as intangible (items you can’t touch). The Crimes Act 1961 Section 2 defines it as: Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Question 18

Define-

Ownership

Answer 18

For the purposes of this offence, a person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has;

• Possession or control of the property.
• Any interest in the property.
• The right to take possession or control of the property.

Question 19

Theft by Taking, Section 219(1)(a) Crimes Act 1961:

List the 5 elements.

Answer 19

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

Question 20

Theft by Using or Dealing, Section 219(1)(b) Crimes Act 1961:
List the 6 elements.

Answer 20

-Dishonestly
-Without claim of right
-Uses or Deals with
-Any property
-With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property
-After obtaining possession of that property in whatever manner