Larceny

Question 1

What is the section for Larceny ?

Answer 1

Section 117 - Crimes Act 1900

Question 2

What are the elements of larceny?

Answer 2

(TTBWWFI)

1. The accused
2. Taking & carrying away of property
3. Belonging to another
4. Without consent
5. Without legal claim of right
6. Fraudulently
7. Intention to permanently deprive

Question 3

What section is “Goods in custody”?

Answer 3

Section 527C - Crimes Act 1900

Question 4

What are the elements for “Goods in custody”?

Answer 4

1. The accused
2. Had anything
3. In his or her custody, or the custody of another, or in the premises.
4. Which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained.

Question 5

Explain the Mens Rea for goods in custody.

Answer 5

• Knowledge of the existence of the item.

- Knowledge of the likely nature of the item.

Question 6

What is the Section for “Receiving stolen property where stealing is a serious indictable offence”?

Answer 6

Section 188 - Crimes Act 1900.

Question 7

What are the elements for “Receiving stolen property where stealing a serious indictable offence”?

Answer 7

1. The accused
2. Receives, disposes of, or attempted to dispose of stolen property.
3. The stealing amounts to a serious indictable offence.
4. The accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it.

Question 8

What is the section for “Fraud”?

Answer 8

Section 192E - Crimes Act 1900

Question 9

What are the elements of “Fraud”?

Answer 9

1. The accused
2. Uses a deception.
3. Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage.

Question 10

What is the section for “Larceny by bailee”?

Answer 10

Section 125 - Crimes Act 1900

Question 11

What are the elements for “Larceny by bailee”?

Answer 11

1. The accused
2. Possesses property as a bailee
3. Takes or converts property to their own use or the use of another
4. Acts fraudulently (dishonestly)

Question 12

What is the section for “Larceny by clerk or servant”?

Answer 12

Section 156 - Crimes Act 1900

Question 13

What are the elements for “Larceny by clerk or servant”?

Answer 13

1. The accused
2. Clerk or servant of master/employer
3. Steals property (elements of larceny must be established)
4. Property belonging to the accused’s master/employer

Question 14

What is the section for “Embezzlement”?

Answer 14

Section 157 - Crimes Act 1900

Question 15

What are the elements for “Embezzlement”?

Answer 15

1. The accused
2. Clerk or servant
3. Received property on behalf of employer
4. Fraudulently embezzles that property

Question 16

What is the section for “Break, enter & commit serious indictable offence”?

Answer 16

Section 112 - Crimes Act 1900

Question 17

What are the elements for “Break, enter & commit SIO - (1) (a) - Breaking into & entering premises”?

Answer 17

1. The accused
2. Breaks
3. Enters
4. Dwelling-house or other building
5. Commits a serious indictable offence

Question 18

What are the elements for “Break, enter & commit SIO - (1) (b) - Breaking within premises & then breaking out”?

Answer 18

1. The accused
2. Enters
3. Dwelling-house or other building
4. Commits a serious indictable offence
5. Breaks out

Question 19

What are the two types of breaks and explain them?

Answer 19

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

Question 20

What are the circumstances of aggravation for “Break, enter and commit SIO”?

Answer 20

(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

Question 21

What are the special circumstances of aggravation for “Break, enter and commit SIO”?

Answer 21

• 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.

Question 22

What is the section for “Stealing property in a dwelling house”?

Answer 22

Section 148 - Crimes Act 1900

Question 23

What are the elements for “Stealing property in a dwelling house”?

Answer 23

1. The accused
2. Steals (elements of larceny)
3. Property
4. In a dwelling-house & carries it out of such dwelling house.

Question 24

What section is “Taking a conveyance without consent of owner”?

Answer 24

Section 154A - Crimes Act 1900

Question 25

What are the elements for “Taking a conveyance without consent of owner”?

Answer 25

1. The accused
2. Without consent
3. Takes and drives away conveyance, or
4. Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it.

Question 26

What is the Section for “Steal motor vehicle, vessel or trailer”?

Answer 26

Section 154F - Crimes Act 1900

Question 27

What are the elements for “Steal motor vehicle, vessel or trailer”?

Answer 27

1. The accused
2. Steals (Elements of larceny)
3. Motor vehicle, vessel or trailer.

Question 28

What is section 118 of the Crimes Act 1900?

Answer 28

Intention to return property is not a sufficient defence for larceny.