Theft (OF03)

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

Question 2

Elements of theft by using

Answer 2

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

6) After obtaining possession or control of that property in whatever manner

Question 3

What does ‘Dishonestly’ mean?

Answer 3

Done something without consent or authority from a person entitled to give such consent or authority

Question 4

What does ‘Claim of right’ mean?

Answer 4

No belief in a right to own or possess the property

Question 5

What does ‘Takes’ mean?

Answer 5

When the property is moved.

Question 6

What does ‘Uses’ mean?

Answer 6

When someone gains possession or control of the property.

Question 7

What does ‘Deals’ mean?

Answer 7

When someone makes decisions about that property as though they were the owner.

Question 8

What does ‘Ownership’ mean?

Answer 8

A person is to be 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; or (b) any interest in the property; or (c) the right to take possession or control of the property.

Question 9

What does ‘Property’ mean?

Answer 9

Whether tangible or intangible, it is something that belongs to a person and has value

Question 10

Why knowing the value of an item is important?

Answer 10

The value of an item is important because it determines the penalty imposed upon the conviction.