Larceny Flashcards
What are the proofs of larceny?
- Property must be the 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 deprives
- Taking without claim of right
- Taking was dishonest
How do you prove the first element #1 The subject of larceny at common law
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
How do you prove element #2 Property belongs to another
Establish that offence is against one of the following three things
Possession (physical or constructive) control or ownership of property
Can the owner of property be charged with larceny?
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.
Can someone be charged with larceny where the property is unknown?
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.
How do you prove element #3 Taking of the goods.
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
How do you prove element #4 asportation?
The goods need not be moved any specified distance it is enough if they have moved even marginally from where they had been?
How do you prove element #5 without consent of owner
The taking of property must be done without consent or the owner. Some circumstances are exception to this principle?
- intimidation
Trick
Mistake
How do you prove element 6/7/8 fraudulent intent?
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
What is the temporal coincidence for larceny offences?
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
Is larceny a common law or statutory offence
Common law
What is the punishment for larceny
5 years. Section 117 crimes act
What is the definition of larceny?
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.
Is The men’s rea “fraudulently” a subjective or objective test?
It’s both. The accused acted with the dishonest mind and took the property with a dishonest state of mind.
What is the difference between fraudulent appropriation and continuing trespass?
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
What is the authority of R V Leigh
Lawful trespass with later conversion no larceny but fraudulent appropriation under section 124 crimes act
What is meant by the goods must have some value?
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.”
Can abandoned goods be stolen?
R v white. No they cannot. But property must be abandoned
What is abandonment?
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.
Is property in a dust bin abandoned?
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.
What is not personal property?
Real property (land) animals of a wild nature Fixtures Items attached to the land Wills Interlectual property
Can you steal gas and electricity?
Yes
What is tangible property?
Property must have a Physical substance. Must be able to be taken hold of and carried away.
Can lost property be stolen
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
What is the authority of R v thurborn
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
What is the doctrine of continuing trespass?
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.
What is meant by claim of right?
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.
What is meant by permanently deprive?
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.
Is intent to return property a defence?
No. Section 118 crimes act.
Are alternative verdict provisions available?
Yes section 120, 121 and 124. How the property is taken and intent of the takes will determine offence committed.
