**ADD - Types of Larceny** Property Crime Flashcards
What section under the Crimes Act is Larceny?
S. 117 Crimes Act
What are the elements to Larceny?
- The accused
- Took or carried away
- Property belonging to another
- Without consent of owner
- Dishonestly
- Without claim of right
- With intent to permanently deprive
What section under the Crimes Act is Enter dwelling?
S. 111 Crimes Act
What section under the Crimes Act is Break, enter and commit SIO ?
S. 112 Crimes Act
What section under the Crimes Act is Break, enter and attempt to commit SIO?
S. 113 Crimes Act
What is the definiton of dwelling house (Crimes Act)
A) Any building or structure intended and capable of occupation as a dwelling even if never occupied
B) Boat or vehicle in which a person resides
C) Any building or other structure within the same cartilage as a dwelling house and occupied
What are the Circumstances of Aggravation – Break and Enter
CADOCK
C – In Company
A – Intentionally or recklessly inflicts ABH D – Deprives anyone of liberty
O – Armed with Offensive weapon or instrument
C – Corporal Violence on any person (injuries are inflicted)
K– Knows there are persons in place
What is the case law R V RICE (2004)?
Sufficient offender knows there is a person in the place. Victim doesn’t need to be home, can be backyard, patio etc.
What are the Circumstances of Special Aggravation of Break and Enter?
WAG
W – Wounds (Epidermis/dermis) or maliciously inflicts GBH on any person
A – Armed with dangerous weapon
G – Inflicts GBH on any person and is reckless to causing ABH to that person
What is a dangerous weapon?
- Firearm or imitation firearm (Firearms Act 1996)
- Prohibited Weapon (Weapons Prohibiton Act 1998)
- Spear gun
How do you satisfy Doctrine of Recent Possession?
You must prove:
*Identity of the offender
* Knowledge of possession of goods
* Knowledge of nature of goods
* Without a reasonable excuse as to how they came to be in possession of the goods
* Recency of the possession
What are the elemets of Doctrine of Recent Possession
1) Property is stolen
2) Accused is in possession of the property
3) The possession is recent as to the theft
4) Accused has no credible explanation
A jury is entitled to draw an inference from the unexplained possession of the goods that the person is the guilty thief/receiver.
What is the case law Bruce V R (1987)?
- When a person is found in possession of recently stolen property and cannot provide a reasonable explanation for that fact, the jury may infer that they are the thief or received the property knowing it was stolen.
- Accused must be provided chance to provide explanation. Inference on basis of recent possession
as there is no reasonable explanation rather than the accused’s failure to give an explanation.
What is meant by recent? What factors?
No black or white timeframe.
- Factors:
- Type of property
- Nature of property
- Circumstances of theft
- Distance from theft site
- Explanation by accused
Trying to infer that accused either stole or is a guilty receiver
If considering relying on charges on doctrine of recent possession, what charges should you consider?
- Consider both relevant ‘stealing’ and ‘receiving’ offence.
- If you cannot prove whether the accused stole or received, you consider S. 121 LEPRA.
S. 121 LEPRA – allows for someone charged with stealing and receiving where the court cannot determine which is applicable to not be acquitted on that basis. They can be found guilty on the lesser offence.
