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10. Offences against property
 
  Article 76-Offences of obtaining property by theft  
76.1 Theft  
  Theft, is the secret larceny of other people's property. There are only two possible classifications of theft- theft without trust and theft with trust (traditionally called embezzlement, or misappropriation).  
76.2 Theft without trust  
  Theft without trust is the occurrence of theft in which no prior agreement of trust, in relation to part or all of the property in question, existed between the offender and the victim.  
 
 Primary Fact(s)
 1. That property has been taken from the victim's possession; and
 2. That the victim did not give permission for the property to be taken; and
 3. That the victim did not have a prior agreement of trust in relation to the property in question and the accused; and
 4. That the actions of the accused contributed to the taking of the property; and
 5. That the property was taken without the knowledge of the victim at the time of the offence.
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) if property stolen valued at less than one times average wage earner salary;
4-6
 a) if property stolen valued at more than 1 times and less than 3 times average wage earner salary;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) if property stolen valued at more than 3 times and less than 6 times average wage earner salary;
4-6
 a) if property stolen valued at more than 6 times and less than 12 times average wage earner salary;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) if property stolen valued at more than 12 times and less than 24 times average wage earner salary;
b) if offender previous convicted for property crime;
4-6
 a) if property stolen valued at more than 24 times average wage earner salary;
 
76.3 Theft with trust  
  Theft without trust is the occurrence of theft in which a prior agreement of trust, in relation to part or all of the property in question, existed between the offender and the victim. This is traditionally also known as embezzlement and misappropriation.  
 
 Primary Fact(s)
 1. That property has been taken from the victim's possession; and
 2. That the victim did not give permission for the property to be taken; and
 3. That the victim did have a prior agreement of trust in relation to the property in question and the accused; and
 4. That the actions of the accused contributed to the taking of the property; and
 5. That the property was taken without the knowledge of the victim at the time of the offence.
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) if property stolen valued at less than one times average wage earner salary;
4-6
 a) if property stolen valued at more than 1 times and less than 3 times average wage earner salary;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) if property stolen valued at more than 3 times and less than 6 times average wage earner salary;
4-6
 a) if property stolen valued at more than 6 times and less than 12 times average wage earner salary;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) if property stolen valued at more than 12 times and less than 24 times average wage earner salary;
b) if offender previous convicted for property crime;
4-6
 a) if property stolen valued at more than 24 times average wage earner salary;
 
     
 
 

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