Larceny

Question 1

Where is the offence of larceny found and what are the elements?

Answer 1

The offence of larceny comes from the common law and so is not found in legislation (though the penalty is found in Cimes Act 1900, Section 117)

The elements are:
1. The accused
2. Takes and carries away
3. Without consent
4. Property belonging to another
5. Without legal claim of right
6. Fraudulently
7. Intention to permanently deprive

Question 2

Where is the offence of Goods in Custody found and what are the elements?

Answer 2

Crimes Act 1900, Section 527C
Persons unlawfully in possession of property

1. The accused
   a. Has anything in their custody
   b. Has anything in the custody of another person
   c. Has anything in / on premises
   d. Gives custody to a person not lawfully entitled to it
2. which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained

Question 3

Where is the offence for Break and Enter found and what are the elements?

Answer 3

Crimes Act 1900 Section 112
Breaking etc into any house etc and committing serious indictable offence

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

Question 4

What is the difference between a constructive and an actual break. Give some examples of each?

Answer 4

All breaks involve breaking the seal of a dwelling house or other building (doesn’t count as a break if offender opens an already ajar window/door).

Actual break = breaking seal by interfering with its physical security

Constructive break = gaining entry through unauthorised/unlawful use of:
- key
- fraud
- conspiracy
- threat