Larceny Flashcards
This Deck covers the types of larceny, elements of each & legislation that you are required to know for the exams.
What is the section for Larceny ?
Section 117 - Crimes Act 1900
What are the elements of larceny?
(TTBWWFI)
- The accused
- Taking & carrying away of property
- Belonging to another
- Without consent
- Without legal claim of right
- Fraudulently
- Intention to permanently deprive
What section is “Goods in custody”?
Section 527C - Crimes Act 1900
What are the elements for “Goods in custody”?
- The accused
- Had anything
- In his or her custody, or the custody of another, or in the premises.
- Which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained.
Explain the Mens Rea for goods in custody.
- Knowledge of the existence of the item.
- Knowledge of the likely nature of the item.
What is the Section for “Receiving stolen property where stealing is a serious indictable offence”?
Section 188 - Crimes Act 1900.
What are the elements for “Receiving stolen property where stealing a serious indictable offence”?
- The accused
- Receives, disposes of, or attempted to dispose of stolen property.
- The stealing amounts to a serious indictable offence.
- The accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it.
What is the section for “Fraud”?
Section 192E - Crimes Act 1900
What are the elements of “Fraud”?
- The accused
- Uses a deception.
- Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage.
What is the section for “Larceny by bailee”?
Section 125 - Crimes Act 1900
What are the elements for “Larceny by bailee”?
- The accused
- Possesses property as a bailee
- Takes or converts property to their own use or the use of another
- Acts fraudulently (dishonestly)
What is the section for “Larceny by clerk or servant”?
Section 156 - Crimes Act 1900
What are the elements for “Larceny by clerk or servant”?
- The accused
- Clerk or servant of master/employer
- Steals property (elements of larceny must be established)
- Property belonging to the accused’s master/employer
What is the section for “Embezzlement”?
Section 157 - Crimes Act 1900
What are the elements for “Embezzlement”?
- The accused
- Clerk or servant
- Received property on behalf of employer
- Fraudulently embezzles that property
What is the section for “Break, enter & commit serious indictable offence”?
Section 112 - Crimes Act 1900
What are the elements for “Break, enter & commit SIO - (1) (a) - Breaking into & entering premises”?
- The accused
- Breaks
- Enters
- Dwelling-house or other building
- Commits a serious indictable offence
What are the elements for “Break, enter & commit SIO - (1) (b) - Breaking within premises & then breaking out”?
- The accused
- Enters
- Dwelling-house or other building
- Commits a serious indictable offence
- Breaks out
What are the two types of breaks and explain them?
Actual breaking = involves breaking the seal of the premises, interfering with the physical security of the premises.
Constructive breaking (KFCT) K - Key F - Fraud C - Conspiracy T - Threat
What are the circumstances of aggravation for “Break, enter and commit SIO”?
(ACUPID)
A - Armed with an offensive weapon or instrument
C- In company
U - Use of corporal violence
P - People (Lawful occupants) on premises at the time of the offence
I - Infliction of actual bodily harm
D - Deprivation of liberty
What are the special circumstances of aggravation for “Break, enter and commit SIO”?
- Intentionally wounds or intentionally inflicts GBH on any person.
- Inflicts GBH on any person and is reckless as to causing ABH to that or any other person.
- Armed with a dangerous weapon.
What is the section for “Stealing property in a dwelling house”?
Section 148 - Crimes Act 1900
What are the elements for “Stealing property in a dwelling house”?
- The accused
- Steals (elements of larceny)
- Property
- In a dwelling-house & carries it out of such dwelling house.
What section is “Taking a conveyance without consent of owner”?
Section 154A - Crimes Act 1900
What are the elements for “Taking a conveyance without consent of owner”?
- The accused
- Without consent
- Takes and drives away 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.
What is the Section for “Steal motor vehicle, vessel or trailer”?
Section 154F - Crimes Act 1900
What are the elements for “Steal motor vehicle, vessel or trailer”?
- The accused
- Steals (Elements of larceny)
- Motor vehicle, vessel or trailer.
What is section 118 of the Crimes Act 1900?
Intention to return property is not a sufficient defence for larceny.
