Larceny as a clerk or servant/Embezzlement Flashcards
Elements of Larceny as Clerk or Servant? SEction?
156 Crimes ACt.
- Accused was clerk or servant
- Property was owned by accused’s master, or was in the power or possession of her or his master, AND
- The accused stole such property.
Where is Clerk or Servant defined?
S155 Crimes ACt.
Clerk or servant is broader than emplyoee/employer servant
IS whether or not someone is a clerk or servant a question of law or fact?
Fact
What does Gravamen mean?
Essence or most serious part.
Whats the gravamen of the relationship?
Control. Control is the most important part.
3 examples of evidence to be adduced to prove clerk or servant? Element 1.
- Contract of employment
- Details of salary or wages
- Details of duties or hours.
R v Negus?
Test to decide whether person is clerk/servant.
Whether person was bound to obey the orders of his employer so as to be under the control of his employer.
Element 2, where is property defined?
S4 Crimes Act.
Whats the key difference between Larceny of Clerk/servant and Embezzlement?
Has the property passed into the power/possession/ownership of the employer?
Yes - Larceny clerk/servant
No - Embezzlement
Embezzlement elements?
- Accused was clerk or servant
- Property received, delivered to or taken into possession of accused for, in name of or an account of the master.
- Fraudulently embezzled such property.
Embezzlement definition of Clerk/servant?
Same as larceny as clerk/servant, S155.
Embezzlement Section?
S157 Crimes Act.
Where must goods be received from for Embezzlement?
Outside source, no in power/possession of the master.
Alternate verdit for embezzlement? Section?
S163
When on trial for embezzlement, can be found guilty of Larceny or larceny as clerk/servant.
Alternate verdicct for Larceny as clerk/servant? SEction?
S 120.
When on trial for larceny and/or clerk/servant can be found guilty of embezzlement.
