Theft : Must Knows

Question 1

Element : Theft by Taking

Answer 1

D W T A P D I.
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 from any INTEREST in that property.

Question 2

Elements : Theft by Using or Dealing

Answer 2

DISHONESTLY
WITHOUT claim of right
USES or deals with
Any PROPERTY
With intent to DEPRIVE the owner permanently of that property
OR
With intent to deprive any owner permanently of interest in that Property
AFTER obtaining possession or control of that property in whatever manner.

Question 3

Dishonestly : Defenition

Answer 3

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

Question 4

Claim of Right : Defintion

Answer 4

A belief by a person, at the time of an act they or someone else had a right to own or possess the property.

Question 5

Takes : Definition

Answer 5

When the offender moves the property or causes it to be moved.

Question 6

Uses or Deals : Definition

Answer 6

To gain possession or control of property and then begin to make decisions about that property as though you were the owner.

Question 7

Ownership : Definition

Answer 7

A person is regarded as the owner of any property that is stolen that the time of the theft the person has:

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

Question 8

Property : Definition

Answer 8

Property includes real and personal property and any estate or interest in any real or personal property.

• Money
• Electricity
• Any debt
• Any thing in action
• Any other right or interest.

Question 9

Punishment for Theft.

Answer 9

-Important to understand the value of the theft because it determines the penalty. (Section 223 of the Crimes Act 1961)

a) Theft of person in a special relationship : a term not exceeding seven years.
b) If the value of the property exceeds $1000 : a term not exceeding seven years.
c) If the value of the property exceeds $500 : a term not exceeding one year.
d) If the value of the property does not exceed $500 : A term not exceeding 3 months.