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SESSION 2 > LARCENY > Flashcards

LARCENY Flashcards

1
Q

the elements for the offence of larceny?

A
  • The accused
  • Taking and carrying away of property (must be of value)
  • Belonging to another
  • Without consent
  • Without legal claim of right
  • Fraudulently
  • Intention to permanently deprive.
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2
Q

Separate legislation has been created for what larceny offences?

A
  • Larceny by bailee
  • Larceny by clerks or servants
  • Embezzlement by clerks or servants
  • Fraud
  • Stealing motor vehicle, vessel or trailer
  • Taking a conveyance without consent of owner
  • PERSONS UNLAWFULLY IN POSSESSION OF PROPERTY (Goods in custody)
  • Receiving Stolen Property
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3
Q

LARCENY BY BAILEE Elements?

A

Crimes Act, 1900, Section 125.

· Accused
· Possesses property as a bailee (YOU GAVE IT TO THEM)
· Takes or converts property to their own use or the use of another
· Acts fraudulently (dishonestly)
· (In a nutshell: If the owner gives it to bailee and they don’t return it? Or sell it? The offence is committed)
· This can happen by:
- Taking it
- Selling it
- Giving it back with a condition (asks for money in order to get it back)

Example
A dry cleaner (bailee) receives a coat for cleaning (bailment) by a customer (bailor). The dry cleaner decides to wear the coat to a function prior to cleaning it and it being picked up.
Larceny by clerks or servants

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4
Q

LARCENY BY CLERKS OR SERVANTS Elements

A

Crimes Act 1900 (NSW),
156 Larceny by clerks or servants

• Accused
• Clerk or servant of master/employer
• Steals property:
o elements of larceny must be established
• Property belonging to the accused’s master/employer

  • imprisonment for ten years.
    Example 1
    Simon works for Big W as a cashier. He serves many customers during his Saturday shift and handles a lot of cash. Five minutes before knock-off time, he opens the cash register, removes a $50 note and places it in his pocket. He spends the money on petrol on his way home.
    = Property (cash) in possession of employer
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5
Q

EMBEZZELEMENT by clerks or servants Elements

A

Crimes Act 1900 (NSW), Section 157

· Accused
· Clerk or Servant
· Receives property on behalf of employer
· Fraudulently embezzles that property
- liable to imprisonment for ten years.
Example 2
Ben is working at Liquorland when a customer, in a hurry, hands him $50 to pay for a case of beer. The customer walks out the door before Ben enters the transaction into the till. Ben does not enter the transaction/purchase and puts the $50 in his pocket.
= Property (cash) not yet in possession of employer

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6
Q

FRAUD Elements

A

Crimes Act 1900 (NSW), Section 192E
· Accused
· Uses a deception
· Dishonestly obtains property
belonging to another or obtains any financial advantage or causes any financial disadvantage.
Maximum penalty—Imprisonment for 10 years.
Example 1
A person finds a wallet containing an ATM card and PIN that is not theirs. They then go to an ATM and use the card and PIN to withdraw $500 in cash.
The fraud is pretending they are authorised to access the account.

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7
Q

STEALING MOTOR VEHICLE, VESSEL or TRAILER Elements (With intent to deprive owner permanently)

A

Crimes Act, 1900 (NSW)
154F Stealing motor vehicle, vessel or trailer

· Accused
· Steals:
o elements of larceny
· Motor vehicle, vessel or trailer.

Example 1 – Stealing motor vehicle …
Car broken into by three teenagers, car driven around for 3 hours and then burnt out.

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8
Q

TAKING A CONVEYANCE WITHOUT OF OWNER Elements (Usually when they steal a car and ditch it)

A

Crimes Act, 1900 (NSW)
154A Taking a conveyance without consent of owner
· Accused
· Without consent
· Takes and drives conveyance or
· Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it. (e.g Joy Riding usually).
Example 2 – Taking a conveyance …
Car broken into by three teenagers, car driven around for 3 hours and then left on side of the road in a local industrial estate.
NOTE: They must act in concert with the driver. If they steal the car and picks up a friend and drops them off somewhere without disclosing it is stolen? Then it doesn’t count.

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9
Q

CIRCUMSTANCES OF AGGRAVATION for break and enter?

A

circumstances of aggravation means circumstances involving any one or more of the following—
(a) the alleged offender is armed with an offensive weapon, or instrument,
(b) the alleged offender is in the company of another person or persons,
(c) the alleged offender uses corporal violence on any person,
(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(e) the alleged offender deprives any person of his or her liberty,
(f) the alleged offender knows that there is a person[JV1] , or that there are persons, in the place where the offence is alleged to be committed.
20 years imprisonment.

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10
Q

What is an Actual break?

A

ACTUAL BREAKING
Actual breaking involves the BREAKING OF SEAL, interfering with the physical security of the dwelling-house or other building.
e.g Smashing window, lock picking, opening a door or window that is closed.

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11
Q

What is a Constructive Break?

A

CONSTRUCTIVE BREAKING
Constructive breaking involves entry being gained through the unauthorised use of one of the following:
- A Key
The use of a key occurs when a person has lawful access to a key but uses it in a manner for which authority has not been granted.
Example: a cleaner has keys to an office block as part of their role as cleaner, but the cleaner uses the keys on this occasion to enter the office block and steal a computer.
- Fraud
Example: A person poses as a Telstra worker and gains permission to enter the building on the premise of checking telephone lines and, once in the building, steals jewellery.
- Conspiracy
Involves two or more people deliberately leaving a door open to allow another access.
Example: An office worker agrees to leave his office door open to allow his friend to go inside that night and steal a number of computers.
- Threat
Example: A person threatens the owner or occupier of a dwelling-house or other building that, if they do not allow them in, they will do something such as assault the person or damage property.

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12
Q

What is Crimes Act, Section 118

A

Intent to return property. No defence.

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13
Q

BREAK AND ENTER ELEMENTS?

A

Crimes Act 1900 (NSW), Section 112(1)(a)
112 Breaking etc into any house etc and committing serious indictable offence

			o Accused
			o Breaks
			o Enters
			o Dwelling-house or other building
			o Commits a serious indictable offence
14 years imprisonment.
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14
Q

BREAKS AND ENTERS AND BREAKS OUT ELEMENTS?

A

Crimes Act 1900 (NSW), Section 112(1)(B)

  • The accused
  • Enters
  • Dwelling-House or other building
  • Commits a serious indictable offence
  • BREAKS OUT.
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15
Q

CIRCUMSTANCES OF SPECIAL AGGRAVATION FOR BREAK AND ENTER?

A

CRIMES ACT 1900 (NSW), SECTION 112 (3)
circumstances of special aggravation means circumstances involving any or all of the following—
(a) the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
(b) the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
(c) the alleged offender is armed with a dangerous weapon.
25 Years imprisonment

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16
Q

RECEIVING STOLEN PROPERTY ELEMENTS

A

Crimes Act 1900 (NSW), Section 188.
- Accused
- Receives
- Disposes of or attempts to dispose of stolen property
OR
- The accused knew the property was stolen at the time they received
- Disposed of OR attempted to dispose of it.

17
Q

PERSONS UNLAWFULLY IN POSSESSION OF PROPERTY (Goods in Custody)

A

Crimes Act 1900 (NSW), Section 527C (Goods in custody)

  • The accused
  • Has anything in his or her possession
  • Has anything in the custody of another person
  • Has anything on premises whether belonging to or occupied by himself or herself or not or whether that thing is there for his or her own use or the use of another
  • Gives custody of anything to a person who is not lawfully entitled to possession of the thing.
18
Q

RECEIVING WHERE PRINCIPAL GUILTY OF MINOR INDICTABLE OFFENCE

A

Crimes Act 1900 (NSW), Section 189.

  • The accused
  • Receives
  • Disposes of or attempts to dispose of
  • Any property
  • Stealing is a minor indictable offence.

SESSION 2 (16 decks)

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