Larceny Part 2 Flashcards
What are some considerations in relation to the doctrine of recent possession?
Where you find the alleged offender
The time since the offence
The item the offender is carrying
Guilty knowledge inferred from silence or with no other reasonable explanation for possession offered.
What are some examples to prove the offence of Larceny?
Statements from witness/victim/owners Actions of the accused Exhibits CCTV Admissions of the accused
If the property value is under $300, what may Police do?
Issue a Criminal Infringement Notice (property under $300) for the offence of Larceny (s.117 CA 1900)
If a person finds property and decides to keep it, are they committing an offence?
Yes, Larceny by find (s.117 CA 1900 – (Penalty only)
Why?
The alleged offender has an obligation to take all reasonable steps to find the owner
Provide an example of ‘reasonable steps’
Report the property of value to Police
Call original owner if able to do so
What are some other offences akin to Larceny?
Section 126 - Stealing cattle or killing with intent to steal
Section 132 - Stealing dogs (This relates to persons who have previously been convicted summarily of stealing dogs under s.503 and/or s.504)
Section 134 - Stealing, destroying etc valuable security
Section 139 - Stealing etc metal, glass, wood etc fixed to a house or land
Section 140 - Stealing etc trees etc in pleasure-grounds
Section 503 - Stealing dogs
Section 504 - Possessing stolen dog or skin
Section 505 - Stealing animals etc ordinarily kept in confinement
Section 512 - Taking fish in waters on private property
Section 513 - Stealing shrubs etc
Section 518 - Stealing dead wood
Section 521A - Stealing rock, stone etc
Larceny by bailee
What section is this?
s.125 Crimes Act 1900
Elements? The accused Possess property as a bailee Takes or converts property to their own use or use of another Acts fraudulently (dishonestly)
Larceny by bailee so what does this offence require?
What is a bailee?
What is a bailor?
What is bailment?
What does this offence require?
Requires a bailment between two parties, the bailor and bailee
What is a bailee?
Is a person or party whom goods are delivered for a purpose such as custody or repair without a transfer of ownership
What is a bailor?
Generally, the customer
What is a bailment?
An agreement (bailment) between the bailee and bailor that the property of the bailor will be in the possession of the bailee for a specific purpose only
Larceny by bailee cont.
Provide an example of Larceny by bailee
A dry cleaner (bailee) receives a coat for cleaning (bailment) by a customer (bailor). The dry cleaner decides to wear the coat to a function prior to cleaning it and it being picked up.
Larceny by clerks or servants
What section is this? s.156 Crimes Act 1900 Elements? Accused Clerk or servant of master/employer Steals property Elements of Larceny must be established Property belonging to the accused's master/employer
Larceny by clerks or servants - Explain how this offence occurs and give an example?
Explain how this offence occurs
Occurs when the property or money is taken from the possession of the employer (i.e. it is owned by the employer/master)
Give an example
Clerk/servant (employee) takes money from the till (money is in possession of the employer) and pockets it
Embezzlement by clerks or servants
What section is this?
s.157 Crimes Act 1900
Elements? Accused Clerk or servant Receives property on behalf of employer Fraudulently embezzles that property
Embezzlement by clerks or servants
What does fraudulently mean?
What does embezzlement mean?
What does fraudulently mean?
Fraudulently - Dishonestly obtained, at the time they took the item they had the intention to permanently deprive the property from them
What does embezzled mean?
To constitute embezzlement the property must have been received by the accused on the account of his or her master or employer (customer money straight in pocket)
What is the difference between Larceny by clerks or servants and Embezzlement by clerks or servants
Embezzlement by clerks and servants occurs BEFORE the property or money comes into possession of employer (i.e. it is taken before it is owned by employer
Larceny by clerks or servants occurs AFTER the property or money has come into possession of the employer
Fraud?
What section is this?
s.192E Crimes Act 1900
Elements?
The Accused
Uses a deception
Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage.
What does deception refer to?
Any intentional or reckless deception
By words or other conduct
As to fact or as to law, including;
A deception as to the intentions of the person using the deception or any other person
Conduct that causes a computer/machine to respond in a manner the person is not authorised to make
