Theft- my summary PDF

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Topic 9: Theft and Obtaining by Deception THEFT One - the accused appropriated property that belonged to another person.

There are three parts to this element: i. First, the accused must have appropriated something; ii. Second, the thing appropriated must have been property; and iii. Third, that property must have belonged to another person when it was appropriated. Two - the accused intended to permanently deprive that person of his or her property. Legal meaning of property- defined by Section 71(1): property includes money and all other property, real or personal including things in action and other intangible property. Three - the accused acted dishonestly. Legal definition of dishonesty: The person appropriates property if they do not believe that they have a legal right to take that property. (They know they shouldn’t take it)

OBTAINED PROPERTY BY DECEPTION One - the accused obtained property that belonged to another person.  First, the accused must have obtained something; The law says that a person "obtains" something if s/he obtains ownership, possession or control of it.  Second, the thing obtained must have been property; and  Third, that property must have belonged to another person when it was obtained. The law says that property "belongs" to anyone who has possession or control of that property, or who has any other proprietary right or interest in it. Two - the accused intended to permanently deprive that person of his or her property. It does not matter whether the accused intended to keep, sell, give away, destroy or hide the property. If his/her intention was that the owner would not get it back, then s/he will have had the necessary intention. Three - the accused obtained the property by deception.  First, the accused must have made a false representation; The representation can have been made in words or by conduct and does not need to have been explicit. That is, you may be able to infer the representation from the accused’s words or conduct. Second, the accused must have known the representation was false or was probably false when s/he made it; For the second part of this element to be met the accused must have known that the representation was false or was probably false when s/he made it. 

Topic 9: Theft and Obtaining by Deception

 Third, the accused must have intended that the false representation be acted upon; and The accused must have obtained the property as a result of making the false representation. 

Fourth, the accused must have obtained the property as a result of making that false representation.

Four - the accused obtained the property dishonestly. People act dishonestly when they obtain property if they do not believe that they have a legal right to obtain that property. (They know they shouldn’t take it).

DEFINITIONS Proprietary Interest: The owner of a property, whether tangible or intangible, has certain rights that are accorded to them. This is a right to an advantage, share or interest in the property or an asset. Appropriated:  Assumed any of the rights of the owner (Crimes Act), and  Adversely interfered with or usurped the owner’s rights in some way (Roffel v R [1985])

CASES R v Roffel [1985] VR 511 (on appropriation) (read whole judgment) direct link: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VicRp/1985/51.html R v Bonollo [1981] VR 633 (on dishonesty) (read the whole of Young CJ’s judgment and pp 667–671 of McGarvie J’s judgment) direct link: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VicRp/1981/63.html R v Lo Presti [2005] VSCA 259; (2005) 158 A Crim R 54 (deception) (read only the judgment of Buchanan JA) direct link: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA/2005/259.html

STUDY REVIEW QUESTIONS 1. What are the different tasks of the trial judge and the jury with regard to the question of whether something was property or not? 2. What’s the difference between lost and abandoned property? Which cannot be stolen? How do you tell which category an apparently unowned piece of property belongs? 3. What is it to intend to permanently deprive the owner of the property? When must this intention be had?

Topic 9: Theft and Obtaining by Deception

4. What does ‘dishonesty’ mean in the context of theft? 5. What is a belief in a legal right to deprive? What can this cover? 6. What does it mean to say that an accused’s belief is subjective? Does the belief that some property is mine need to be reasonable to be effective? 7. What is the difference between ‘obtaining’ property and ‘appropriating’ property? What counts as property for the offence of obtaining property by deception? 8. What are the sub-elements of the element that the accused obtained the property by deception? 9. What is a representation? How can it be made? What can it be about? When is a representation false? Who is to judge truth and falsity? 10. Is it necessary for the false representation to be believed by someone? How does one deceive a computer?...