Larceny

Question 1

What are the proofs of larceny?

Answer 1

1. Property must be the subject of larceny at common law.
2. Property belongs to another.
3. Taking (trespass of the property.
4. Carried away (asportation)
5. Taking without consent
6. Taking with intent - permanently deprives
7. Taking without claim of right
8. Taking was dishonest

Question 2

How do you prove the first element #1 The subject of larceny at common law

Answer 2

To be the subject of larceny at common law the goods must be: 
I) personal (moveable property) 
Ii) tangible
Iii) be of some value 
Iv) of the description charged

Question 3

How do you prove element #2 Property belongs to another

Answer 3

Establish that offence is against one of the following three things
Possession (physical or constructive) control or ownership of property

Question 4

Can the owner of property be charged with larceny?

Answer 4

Yes. Rose v matt. Matt purchased goods from a store and left as security a clock which was accepted on the basis that if he did not bring the money within one month the clock would be sold. Matt returned and too the clock without making payment.

Question 5

Can someone be charged with larceny where the property is unknown?

Answer 5

Yes.ellis v Lawson. It is necessary if one is to lay the ownership in an unknown person to prove that in fact the identity of the person is unknown.
If the property is alleged to be the property of person’s unknown then the evidence needs to reflect this.

Question 6

How do you prove element #3 Taking of the goods.

Answer 6

There must be an unlawful trespass on the property.

Trespass = unlawful laying of hands upon property. Trespass may be defined as when a person “without lawful justification committed an act direct physical interference with a chattel in the possession of another person”

Minigal v McCammon 1970

Question 7

How do you prove element #4 asportation?

Answer 7

The goods need not be moved any specified distance it is enough if they have moved even marginally from where they had been?

Question 8

How do you prove element #5 without consent of owner

Answer 8

The taking of property must be done without consent or the owner. Some circumstances are exception to this principle?
- intimidation
Trick
Mistake

Question 9

How do you prove element 6/7/8 fraudulent intent?

Answer 9

The taking of the property must be done fraudulently and without claim of right with an intent to permanently deprive the owner.

Permanently deprive = not need to be done for personal gain only to deprive the owner

Claim of right = legal right not moral right

Fraudulently = dishonestly

Question 10

What is the temporal coincidence for larceny offences?

Answer 10

Actual reaus (Taking and carrying away of the property) first 5 elements

+

Mens rea (intent to permanently deprive) 6-8 elements

Operating at the same time

Question 11

Is larceny a common law or statutory offence

Answer 11

Common law

Question 12

What is the punishment for larceny

Answer 12

5 years. Section 117 crimes act

Question 13

What is the definition of larceny?

Answer 13

Illich v the queen (1987) a person steals who without consent of the owner, fraudulently and without a 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.

Question 14

Is The men’s rea “fraudulently” a subjective or objective test?

Answer 14

It’s both. The accused acted with the dishonest mind and took the property with a dishonest state of mind.

Question 15

What is the difference between fraudulent appropriation and continuing trespass?

Answer 15

Lawful trespass with later conversion into own possession or use is fraudulent appropriation it is an offence under s 124 crimes act. R v Leigh

Person unaware of the trespass but later converts to own use commit the offence of larceny. Continuing trespass r v Riley

Question 16

What is the authority of R V Leigh

Answer 16

Lawful trespass with later conversion no larceny but fraudulent appropriation under section 124 crimes act

Question 17

What is meant by the goods must have some value?

Answer 17

Daley (1879) the property must have some value to the owner. Actual economic value and not sentimental or artistic value.

” the value need not reasonably be of the value of any known coin or even the hundredth part of row farthing.”

Question 18

Can abandoned goods be stolen?

Answer 18

R v white. No they cannot. But property must be abandoned

Question 19

What is abandonment?

Answer 19

Abandonment occurs where an owner is indifferent to any future aspprtation of them by others where the owner leave a them for anybody to take away.

Question 20

Is property in a dust bin abandoned?

Answer 20

Np. Williams and others v Phillips. If someone throws property in the trash on there private property not abandoned still capable of having an owner.

Question 21

What is not personal property?

Answer 21

Real property (land) animals of a wild nature 
Fixtures 
Items attached to the land 
Wills 
Interlectual property

Question 22

Can you steal gas and electricity?

Answer 22

Yes

Question 23

What is tangible property?

Answer 23

Property must have a Physical substance. Must be able to be taken hold of and carried away.

Question 24

Can lost property be stolen

Answer 24

Depends on state of mind of finder
If owner at the time of finding other then finder
Trespass until finder decides what to do with the property

Question 25

What is the authority of R v thurborn

Answer 25

Authority that lost property once appropriated by another by someone with an intent to take dominion over them with no intent to return property to owner is larceny

Question 26

What is the doctrine of continuing trespass?

Answer 26

R v Riley. At the time unaware of trespass but later converts it to own use = offence of larceny
Goods taken by the person who forms intention at a later stage to permanently deprive.

Question 27

What is meant by claim of right?

Answer 27

R v bernhardt:

Must be belief of legal not a moral entitlement
Must be a genuinely (honestly) held. it does not matter if it is well founded in fact or law
Does not have to be reasonable
Must be more than coloured pretence.

R v fuge extends to other property of equal value.

Question 28

What is meant by permanently deprive?

Answer 28

Smails case and foster v R: had intent to return gun to owner must intend to deprive person of goods and appropriate them as own not merely take possession.

Question 29

Is intent to return property a defence?

Answer 29

No. Section 118 crimes act.

Question 30

Are alternative verdict provisions available?

Answer 30

Yes section 120, 121 and 124. How the property is taken and intent of the takes will determine offence committed.