Theft by taking (Section 219(1)(a) Crimes Act 1961)

Charge 1: Theft by taking under section 219(1)(a) of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that Mr Smith took Mr Thomas’ watch?
	“Taking” does not include the situation where ownership, possession, or control over property is obtained by consent, even if by deception. If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith took the watch dishonestly?
	“Dishonestly” means taking the watch without a genuine belief that Mr Thomas, or anyone else entitled to give him consent or approval, consented or gave him authority to do so. This belief does not need to be reasonable. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith took the watch without claim of right?
	“Claim of right” means Mr Smith had a genuine belief that, at the time of taking the watch, he had a lawful right to take the watch. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith took the watch with the intent to permanently deprive Mr Thomas of it?
	[Note: Amend or delete (a) or (b) of the definition of “intent to permanently deprive” set out below as required.] “Intent to permanently deprive” includes an intent to deal with the watch in a way which means: (a) the watch cannot be returned to Mr Thomas in the same condition; or (b) Mr Thomas is likely to be permanently deprived of the watch or of any interest in the watch. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that the watch had a value of over $1000?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.