Larceny Flashcards
What type of offence is larceny?
Common Law
What Section do penalties for larceny come under?
117 Crimes Act
Definition of Larceny? Case Law?
Ilich v The Queen
A person steals who, without the consent of the owner, fraudulently and without claim of right made in good faith, takes and carries away, anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.
Proofs of Larceny?
- Property charged must be subject of larceny at common law.
- Property belongs to another
- Taking (trespass) of the property
- Carried away - asportation
- Taking without consent
- Taking with intent - permanently deprive
- Taking without claim of right
- Taking was dishonest.
Goods must be what to be subject of Larceny at common law?
- Personal (movable property)
- Tangible
- Of some value (economic)
- Of the description charged
What property is not covered by personal property?
Real property (real estate) - not movable - Land or property permanently attached to the land
Severed property?
Property that has been severed can not be stolen by the person who severed it, unless it is first abandoned, under common law.
S139 - 140 Crimes Act?
Makes it an offence to steal fixtures or Trees etc that are planted. Remedies common law deficiency.
Tangible property re money?
Not stealing the value, but stealing the notes, coins themselves and stating their value.
Of the description charged?
Property alleged in information is of same class disclosed in evidence. I.e, Facts and Indictment are same.
Lost property case law?
R v MacDonald 1983
R v Macdonald 1983?
Re lost property.
Taken that there is a felonious intent on finder if didnt take reasonable steps to locate owner of property after finding it. Facts, circumstances and value of item to be taken into consideration.
If the owner of property is unknown? Case Law?
Ellis v Lawson (1987)
Crown must present evidence that they made reasonable attempts to locate the owner of the property if owner is unknown.
What if ownership is unlawful? Case Law?
R v Anic
Even if possession of property is unlawful, it can still be subject of larceny. E.g drugs being stolen from someone.
Trespass?
Unlawful laying of hands upon property
lawful trespass then later conversion case law?
R v Leigh - If there is a lawful trespass at time of taking, however becomes converted to unlawful later (later creates intent to permanently deprive) not larceny, but fraudulent appropriation.
Unaware of trespass then later conversation?
R v Riley - Doctrine of continuing trespass - larceny offence.
If unaware of trespass at time of trespass (extra apple in bag at woolworths that unaware of) Then later become aware of said item and decide to keep, trespass taken to have occurred at time of original taking. Larceny.
Without consent of the owner.
Covers, intimidation, trick and mistake.
Mistake case law?
Raymond John Ilich. Mistake must be one of a fundamental kind.
Fraudulent intent?
Taking of property must be done fraudulently and without claim of right with intent to permanently deprive.
Permanently deprive for personal gain?
No, need not be for personal gain, just prove to deprive owner.
Claim of right?
Must be legal and not moral
Fraudulently meaning? Case law?
R v Bernhardt
Dishonestly.
Must be genuine and honest claim, regardless of well founded fact or law.
Larceny is a common law offence against what?
possession, control or ownership
