Larceny/Common Law

Question 1

Elements of Larceny:

Answer 1

1. The accused
2. Without consent
3. Fraudently
4. Without legal claim of right
5. Takes and carries away property
6. Belonging to another
7. Intent to permanently deprive to owner

Question 2

Where do we find the definition of Larceny?

Answer 2

A. Common Law
B. Crimes Act 1900 (NSW) Section 117
C. Crimes Act 1900 (NSW) Section 118

Question 3

Larceny is classified as a:

Answer 3

A. Minor indictable offence 

B. Serious indictable offence 

C. Summary offence

Question 4

What is the penalty for Larceny Offences and where do we find it?

Answer 4

A. 5 years imprisonment; Crimes Act 1900 (NSW) Section 117
B. 2 years imprisonment; LEPRA 2002 (NSW) Section 100
C. 5 years imprisonment; Crimes Act 1900 (NSW) Section 125

Question 5

Tom works at Big W. Tom takes $20 from the till and spends it on food in his lunch break. Whilst on his break, Tom withdraws $20 from his bank account and when he returns to work, puts it back in its place in the till. The offence is:

Answer 5

A. No offence, because Tom returned an equivalent amount
B. Larceny - even though Tom returned an equivalent amount, there is no defence of having intent to return the property
C. Embezzlement by Clerk or Servant because Tom took the money from the till

Question 6

What is the Doctrine of Recent Possession?

Answer 6

A. Guilty knowledge inferred from silence or with no other reasonable explanation for possession offered.
B. Where the accused appropriated the property in question to their own use, or for their own benefit, but intended eventually to restore the same property.
C. A person, who is in possession of property so soon after a stealing or a break and enter have taken place, shall be deemed to be the thief, breaker or the guilty receiver in the absence of any explanation.

Question 7

What is asportation?

Answer 7

The physical moving of an object

Question 8

For property to be stolen, it needs to be:

Answer 8

Tangible, Have monetary value, Be personal property, Does not include real property (e.g. land)

Question 9

What are the 3 different levels of ‘belonging to another’?

Answer 9

1. Control 2. Ownership 3. Possession

Question 10

What does it mean to have a ‘legal claim of right’? What kind of test do we apply to determine this?

Answer 10

Legal claim of right is when you have a monetary or legal claim to the property in which you have ownership NOT a moral right. SUBJECTIVE TEST – POV of the accused

Question 11

What are some ways we can establish the element of ‘the accused’?

Answer 11

The person who is known to take property

Question 12

What are the different levels of ‘without consent’?

Answer 12

Actual
• Expressed
• Implied 
Constructive  
• Finding • Mistake • Trick

Question 13

What test do we apply when establishing the element of ‘fraudulently’? What do we need to prove?

Answer 13

OBJECTIVE TEST – reasonable third person. That at the time of taking and carrying away, the accused had dishonest intent.

Question 14

How do we prove that the accused had ‘intent to permanently deprive’? They had the intention to:

Answer 14

• not return the goods 
OR 
• change the property 
OR 
• return the goods conditionally

Question 15

A dry cleaner receives a coat for cleaning by a customer. The dry cleaner decides to wear the coat to a function prior to cleaning it and it being picked up. What offence has been committed? Larceny by Bailee Apply the elements to this specific offence:

Answer 15

1. The accused
2. Possesses coat for cleaning as a Bailee
3. Takes coat for their own use
4. Acts fraudently (without knowledge of the owner)

Question 16

Kate works at Kmart. One day, she opens the cash register, removes a $50 note and places it in her pocket. She spends the money on petrol on her way home. What is the offence?

Answer 16

Larceny by Clerk or servant

Question 17

What are the elements of the offence?

Answer 17

1. The accused
2. Steals
3. Property belonging to the employer
4. • Elements of __________ must be established