Larceny Clerk/Servant

Question 1

What are the elements of S. 156 Larceny Clerk or Servant?

Answer 1

Accused - Was Clerk or Servant.
Property owned by the accused’s master (employer), or was in the power or possession of her or his master.
The accused stole such property.

Question 2

What is the definition of clerk or servant?

Answer 2

Every person employed for any purpose, as, or in the capacity of, a clerk, or servant.
It’s the gravamen of the relationship. CONTROL.
It is a question of fact.

Question 3

What is Gravamen?

Answer 3

The essence.

Question 4

What are 3 examples of evidence to prove clerk or servant?

Answer 4

Employment relationship is in writing in a document.
Evidence of how the person is paid, wages, salary etc.
Evidence of duties carried out by that person.

Question 5

What does R v Negus say about being a clerk or servant?

Answer 5

One ground is to ascertain whether the person was bound to obey the orders of his employer so as to be under the control of his employer.

Question 6

What is the general definition of property in the Crimes Act?

Answer 6

Any real property, anything tangible.

Question 7

The element of Property owned, into power or possession defines larceny as a clerk or servant and embezzlement how does it do this?

Answer 7

If it is before the possession or ownership, it is embezzlement if it is after then it is larceny as clerk or servant.
Before till - Embezzlement
After till - Larceny clerk/servant.

Question 8

What are the elements of Embezzlement?

Answer 8

1. Accused was a clerk or servant
2. Property was received, delivered to, or taken into possession of accused for, in name of or on Account of the master.
3. Fraudulently embezzled such property

Question 9

Section 163 allows for an alternate verdict to Larceny if embezzlement or clerk or servant isn’t made out?

Answer 9

True

Question 10

Section 120 allows for alternate verdict to Embezzlement or larceny as clerk or servant if so warranted?

Answer 10

True.