Larceny Flashcards
What is the Act and Section for Larceny?
Crimes Act 1900 (NSW), Section 117
What type of offence is larceny?
Serious indictable offence
How many years can you be punished for larceny?
5 years
What are the elements of larceny?
- The accused
- Take and carried away property
- Belonging to another
- Without consent
- Without legal claim of right
- Fraudulently (dishonestly)
- Intent to permanently deprive
What is doctrine of recent possession?
A person who is in possession of items so soon after a stealing or a break and enter has taken place, that no other conclusion should be reached by the court than that the person is the thief, breaker or the guilty receiver in the absence of any explanation.
What must you consider for doctrine of recent possession?
- Where you find the alleged offender
- The time since the offence
- The item the offender is carrying
- Guilty knowledge inferred from silence or with other reasonable explanation for possession offered
What is larceny by find? (What are the elements)
Where the person finds the property and has no intent on returning the property to the owner.
The elements are the same as larceny.
What is larceny by trick? (What are the elements)
Tricking someone to give you something and not returning it to the owner. Elements are the same as larceny
What is section 112 of the Crimes Act 1900 (NSW)?
Breaking etc into any house etc and committing serious indictable offence
What are the elements of Section 112 (1) (a)?
- The accused
- Breaks
- Enters
- Dwelling-house or other building
- Commits a serious indictable offence
What are the elements of Section 112 (1) (b)?
- The accused
- Enters
- Dwelling-house or other building
- Commits a serious indictable offence
- Breaks out
What are the two types of breaking for a break and enter?
- Actual
2. Constructive
What is actual breaking?
Breaking of the deal of the premises, interfering with the physical security of the building
What is a constructive break?
Involves entry being gained through unauthorised use
What are the four types of constructive break?
- A key
- Fraud
- Conspiracy
- Threat
Explain each type of constructive break
- A key - when a person has lawful access to a key but uses it in a manner for which authority has not been granted
- Fraud - a person who poses to be someone to gain entry into a premise and once in the building they steal property
- Conspiracy - work with someone else who has legal access to the premises and let’s you in without the consent of the owner
- Threat - a person threatens the owner or occupier of a building that, if they don’t allow them in, they will do something such as assault the person, damage property etc
What are the types of feelings victims of a break and enter may feel?
- Shock and disbelief
- Sense of violation
- Anger and frustration
- Fear
- Suspicion
- Stress
- Guilt
Is larceny a common law offence or statute law
Common law
What is Section 125 of the Crimes Act?
Larceny by Bailee
What are the elements of Section 125?
- The accused
- Possessed property as a bailee
- Took or converted property to their own use or the use of another
- Acted fraudulently (dishonestly)
What is the punishment for larceny by bailee?
5 years
Does larceny by bailee require an agreement?
Yes, between 2 parties. Between the bailee and the bailor
What is Section 192E of the Crimes Act?
Fraud (obtain benefit by deception)
What are the elements of Fraud?
- The accused
- Used a deception
- Dishonestly obtained property or financial advantage or caused financial disadvantage
What is the definition of deception?
Any intentional or reckless deception by words or other conduct as to fact or as to law.
What is Section 148 of the Crimes Act?
Steal from dwelling
What are the elements of section 148?
- The accused
- Stole
- Property
- In a dwelling house and carried it out of such dwelling-house
If the offender does not leave the house, what offence has been committed?
Larceny
What are the circumstances of aggravation? - 112 (2)
- Armed with an offensive weapon or instrument
- In company of another offender
- Use of corporal violence
- Infliction of actual bodily harm
- Deprivation of liberty
- People (lawful occupants) on premises at the time of the offence
Only need one of the above to commit a circumstance of aggravation
What are the circumstances of special aggravation? - 112 (3)
- the alleged offender intentionally wounds or intentionally inflicts her joys bodily harm on any person
- the alleged offender inflicts brevity’s bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person
- the alleged offender is armed with a dangerous weapon
What is Section 156 of the Crimes Act?
Larceny as a clerk or servant (after the til)
What are the elements of larceny as a clerk or servant?
- The accused
- Clerk or servant of master/employer
- Stole property
- All elements of larceny established
- Property belonged to the accused’s master/employer
What is section 157 of the Crimes Act?
Embezzlement (before the til)
What are the elements of embezzlement?
- The accused - clerk or servant of victim
- Received property on behalf of employer
- Fraudulently embezzled that property
What Act and Section is steal motor vehicle or vessel?
Crimes Act 1900 (NSW), Section 154F
What are the elements of Section 154F?
- The accused
- Stole (elements of larceny)
- Motor vehicle or vessel
What is Section 154A of the Crimes Act?
Taking conveyance without consent of owner
What are the elements of Section 154A?
- The accused
- Without consent
- Took and drove conveyance - includes taking for driving, secreting, obtaining a reward or any other dishonest purpose, OR
- Drive or be carried in/on a conveyance knowing it has been taken without consent
What is the difference between S. 154F and S. 154A?
154F: must prove all elements of larceny including the intention to permanently deprive
154A: do not need to prove intention to permanently deprive
What are some examples of permanently deprive?
- Rebirthing (pulling parts out and selling)
- Permanently damage
- Selling vehicle
- Keep for own use
What is section 527C of the Crimes Act?
Persons unlawfully in possession of property (goods in custody)
What are the elements of Section 527C?
- The accused
- Has anything in his or her custody
- Has anything in the custody of another person
- Has any thing in or on premises, whether belonging to or occupied by himself or herself or not, whether that thing is there for his or her own use or the use of another, OR
- Gives custody of any thing to a person who is not lawfully entitled to possession of the thing, and
- The thing may be reasonably suspected of being stolen or otherwise unlawfully obtained
Explain the mens rea of the accused and possession of goods in custody
- Knowledge of the existence of the item
- Knowledge of the likely nature of the item
What must police prove to charge a person with an offence under section 527C of the Crimes Act?
That it was reasonable to suspect the goods were stolen or otherwise unlawfully obtained
What does suspicion attach to for goods in custody?
Attaches to the goods not the person
What is Section 118 of the Crimes Act?
Intent to return property no defence
What is the defence for goods in custody?
- If the accused satisfies the court that he or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained
If a defence is raised, the onus of proof transfers from the prosecution to…?
The accused - to show that, having the item in their possession, it was objectively not reasonable for them to suspect it was stolen or otherwise unlawfully obtained
What is Section 188 of the Crimes Act?
Receiving stolen property where stealing a serious indictable offence
What are the elements of Section 188?
- The accused
- Received, disposed of or attempted to dispose of stolen property
- The initial stealing of the property was a serious indictable offence
- The accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it
Is it an offence if the person receiving didn’t know the property was stolen?
No, because they didn’t know at the time of receiving that it was stolen
What is Section 189 of the Crimes Act?
Receiving etc where principal guilty of minor indictable offence
Section …. - property over $5000 - …. indictable offence
188 - serious
Section … - property under $5000 - …. Indictable offence
189 - minor
What offence has been committed if the person only places part of their body inside of the premises?
Section 148: stealing from dwelling
