3. Offences Against Property Flashcards
What is required for larceny?
1) Taking
- Obtain control (NOT destruction/movement)
- By D/innocent agent
2) Carry away (asportation)
- ALL/Part of property
- Movement (slight/substantial)
3) Tangible personal property
- Intangible rights (gas, electricity, stock certificates)
- Lost/Mislaid (NOT abandoned)
- Realty/Fixtures (in Owner’s possession)
- NOT services
- NOT documents/instruments (considered merged with subject matter)
4) Property of another
- Owner had possession (discretionary authority), NOT custody (limited authority over property)
- D had NO lawful possession at time of taking
5) Trespass
- D takes property from Owner’s custody/possession with NO consent
6) Intent to permanently deprive (at time of taking)
- Intent to steal at time of taking + changes mind and returns property
Can D still be liable for larceny by taking property without intent to steal at time of taking?
Yes (Continuing trespass)
1) Wrongful taking
- Intent to borrow with NO consent
- NOT mistaken belief of own property
2) Decision to keep possession after taking
What is required for larceny by trick?
1) Trespass with consent
2) Misrepresentation of fact (Fraud)
What are examples of intent to commit larceny?
Intent
- Substantial risk of loss
- Sell/Pledge goods to Owner
Intent (Possible)
- Pay for property NOT for sale
- Assurance of reward (NOT hope of reward)
NO intent
- Borrow + Return (UNLESS motor vehicles - ‘Joyriding’)
- Keep property for repayment of debt (honest belief of entitlement)
What is the difference between larceny and embezzlement?
Larceny
- D has NO lawful possession of property at time of taking
Embezzlement
- D has lawful possession of property at time of misappropriation
What is required for embezzlement?
1) Fraudulent intent
- Intent to restore as substantially identical/similar property (NOT exact)
- NOT intent to retain for debt repayment
2) Conversion
- Property used in different manner to arrangement pursuant to which D holds it
- Personal gain/Movement/Carrying away NOT relevant
3) Property
- Real property/Services (more expansive statutes) (not traditional statutes)
4) Of another
5) Lawful possession
What is required for false pretenses?
1) Intent to defraud
- D intended victim to rely on statement
- D knew statement was false + avoided learning the truth (NOT belief statement was true, whether reasonable or not)
2) Personal property
3) Of another with title
4) Intentional false statement
- Past/Present fact
- NOT future fact
What is difference between larceny by trick and false pretenses?
Larceny by trick
- D obtains custody
False pretenses
- D obtains title
What is required for robbery?
1) Taking
2) Personal property of another
3) From victim’s person/presence
- Reasonably close to victim (even in different room in same house)
4) By force/threat
- Sufficient force to overcome victim’s resistance
- Assault => Merged with robbery
5) Intent to permanently deprive Victim
- Larceny => Merged with robbery
What are examples of force or threat for robbery?
Immediate death/Serious physical injury
Immediate possession
Victim/Victim’s family/Person in Victim’s presence at the time
Destruction of Victim’s dwelling (NOT damage to property)
What is required for extortion?
Common law
- Police officer’s corrupt collection of unlawful fee
Modern law
1) D’s future threat (harm/expose info) to obtain property
2) Either;
- Intent to obtain property (some statutes)
- Actually obtain property (some statutes)
What is the difference between robbery and extortion?
Robbery
- Past/Present threat
- From Victim’s presence/person
Extortion
- Future threat
- NOT from Victim’s presence/person
What is required for receipt of stolen property?
1) Receiving possession + control
- Thief (TP) places property in location designated by D
- D sells stolen property to TP for profit (fencing)
2) ‘Stolen’ personal property
- At time received by D
- Obtained by any property offence
3) Known as obtained in criminal manner
4) By Thief (TP)
5) Defendant’s intent to permanently deprive Owner’s interest in property
Is manual possession required for receipt of stolen property?
No
Is Defendant liable for receipt of stolen property that is recovered by police?
No (NOT receipt of stolen goods)
1) Police must have used property as undercover operation
2) With Owner’s consent
Maybe (Attempt to receive stolen goods)
