Theft

Question 1

What are the ingredients of the offences of theft and dishonestly taking or using?

Answer 1

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

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

Question 2

What do the following terms mean?

• Dishonestly
• Claim of right
• Ownership
• Property

Answer 2

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

CLAIM OF RIGHT
No belief the act was lawful

OWNERSHIP
A person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has:
a) possession or control of the property
b) any interest in the property
c) the right to take possession or control of the property

Any owner of any proper may be found guilty of theft against another owner of that property

Question 3

What is the difference between the term ‘taking’ and the term ‘using and dealing’?

Answer 3

TAKING is physically moving or taking the property with no authority

USING & DEALING is when the person who has possession or control of the property exceeds the authority or conditions given by using or dealing with the property in any manner

Question 4

What matters do you have to consider when attending a theft or dishonestly taking/using complaint?

Answer 4

Whether all the ingredients are met

Question 5

What documentation is required for a theft or dishonestly taking/using complaint?

Answer 5

• File Cover Sheet and statistics
• Police 258 Report
• Charging Document
• Caption and Summary
• Victim Impact Statement
• Reparation Schedule
• Video Interview Sheet or copy of the written interview
• Job Sheets
• Police 268 (Property Record Sheet)
• Offender Report
• Offence Report

Question 6

Why is the value of the item important?

Answer 6

Because the penally/term of imprisonment varies depending on the value of the property

Question 7

What are some other specific thefts and where can they be found?

Answer 7

-Theft by person in special relationship
This is found under section 220 of the Crimes Act 1961

-Theft of animals
This is found in section 221 of the Crimes Act 1961

-Theft by spouse
This is found in section 222 of the Crimes Act 1961