Theft, robbery, receiving, burglary Flashcards Preview

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Flashcards in Theft, robbery, receiving, burglary Deck (19)
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1
Q

Theft by taking

A
Crimes Act 1961 
Sec 219 (1) (a) , 223(b), 223(c) , 223(b).

DISHONESTLY (Without belief of consent or authority)

WITHOUT CLAIM OF RIGHT (No belief in a right to own it)

TAKES (Physically moves the property)

ANY PROPERTY

WITH THE INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THAT PROPERTY
OR
WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THAT PROPERTY

2
Q

THEFT by using or dealing

A

Sec 219 (1)(b) and 223 (b) or 223 (c) or 223(d)

DISHONESTLY

WITHOUT CLAIM OF RIGHT

USES OR DEALS WITH

ANY PROPERTY

WITH THE 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.

3
Q

Penalty for theft for anything more than 1000$ or Section 220 (theft by people in special relationships)

A

7 years

4
Q

Penalty for theft between 500$ and 1000$

A

1 year

5
Q

Penalty for theft below 500$

A

3 months

6
Q

Define DISONESTLY:

A

Done or omitted without a belief that there was express or implied consent or authority

7
Q

Define claim of RIGHT:

A

At the time of the offence the person believe they had the right to own or possess the property.

8
Q

POSSESSION OF INSTRUMENT OF BURGLARY

A

SECTION 231 (1) (a) Crimes Act 1961

WITHOUT LAWFUL AUTHORITY OR EXCUSE

HAS IN HIS POSSESSION

ANY INSTRUMENT CAPABLE OF BEING USED FOR BURGLARY

WITH THE INTENT TO USE IT FOR SUCH A PURPOSE

9
Q

BURGLARY

A
SECTION 231 (1) (a) 
10 YEARS (14 YEARS AGGRAVATED) 

ENTERS

ANY BUILDING/SHIP/ANY PART OF BUILDING/PART OF ANY SHIP

WITHOUT AUTHORITY

WITH THE INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING (there must be an intent)
OR
SHIP

10
Q

Having entered the building

A
Section 231 (1) (b) 
10 YEARS

HAVING ENTERED

ANY BUILDING/SHIP

REMAINS WITHOUT AUTHORITY (remains when consent to be within the ship or building no longer applies)

WITH THE INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING/SHIP

11
Q

RECEIVING

A

Section 246(1) and 247 (2) or 247 (b) or 247 (c)

RECEIVES (either exclusively or jointly or held in concealment or disposal)

ANY PROPERTY STOLEN
OR
ANY PROPERTY OBTAINED BY ANOTHER IMPRISONABLE OFFENCE

KNOWING THAT PROPERTY TO HAVE BEEN STOLE OR SO OBTAINED
OR
BEING RECKLESS AS TO WHETER THE PROPERTY WAS STOLEN OR OBTAINED

12
Q

Define possession in relation to receiving:

A

Aware that the item is where it is
Aware hat has been stolen
Actual of potential control of the item
An intention to exercise control

13
Q

Penalties for receiving:

A

> 1000$ 7 years
500$ 1 year
<500$ 3 months

14
Q

Doctrine of recent possession:

A

Found with a property recently stolen, person have to prove explanation.

15
Q

ROBBERY

no violence AND property taken = THEFT

A
Section 234 (1) and (2) Crimes Act 1961
10 Years

THEFT

ACCOMPANIED BY VIOLENCE (before or at the time)
OR
ACCOMPANIED BY THREATS OF VIOLENCE

TO ANY PERSON
OR
TO ANY PROPERTY

USED TO EXPORT THE PROPERTY STOLEN
OR
TO PREVENT OR OVERCOME RESISTANCE TO THE THE PROPERTY BEING STOLEN.

16
Q

FAILED ROBBERY WHERE VIOLENCE IS USED?

A

ASSAULT ITH INTENT TO ROB SECTION 236 (7 YEARS)

17
Q

AGGRAVETED ROBBERY SECTION AND PENALTY?

A

235 CRIMES ACT 61

14 YEARS

18
Q

DEMANDING WITH INTENT TO STEAL

A

SEC 239

7 YEARS

19
Q

Basic principles to deal with robbery

A

FREEZE
GUARD
CONTROL
PRESERVE