Theft by using or dealing (Section 219(1)(b) Crimes Act 1961)

Charge 1: Theft by using or dealing under section 219(1)(b) 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 obtained possession of Mr Thomas’ car when Mr Thomas gave it to him?
	To have possession of the car, Mr Smith must: (a) Have been aware of where the car was; (b) Have been aware that the item was a car; (c) Have had control over the car either through personal or shared custody or by having the ability to direct another who had personal custody; and (d) Have intended to exercise personal or shared control over the car. If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith dealt with Mr Thomas’ car by selling it?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith sold the car dishonestly?
	“Dishonestly” means selling the car 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 four.
4.	Are you sure that Mr Smith sold the car without claim of right?
	“Claim of right” means Mr Smith had a genuine belief that, at the time of selling the car, he had a lawful right to sell the car. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith sold the car 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 car in a way which means: (a) the car cannot be returned to Mr Thomas in the same condition; or (b) Mr Thomas is likely to be permanently deprived of the car or of any interest in the car. If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that the car had a value of over $1000?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.