MODULE 15

Question 1

the elements for the offence of larceny?

Answer 1

• The accused
• Taking and carrying away of property (must be of value)
• Belonging to another
• Without consent
• Without legal claim of right
• Fraudulently
• Intention to permanently deprive.

Question 2

Separate legislation has been created for what larceny offences?

Answer 2

• Larceny by bailee
• Larceny by clerks or servants
• Embezzlement by clerks or servants
• Fraud
• Stealing motor vehicle, vessel or trailer
• Taking a conveyance without consent of owner

Question 3

LARCENY BY BAILEE Elements?

Answer 3

· Accused
· Possesses property as a bailee (YOU GAVE IT TO THEM)
· Takes or converts property to their own use or the use of another
· Acts fraudulently (dishonestly)
· (In a nutshell: If the owner gives it to bailee and they don’t return it? Or sell it? The offence is committed)
· This can happen by:
- Taking it
- Selling it
- Giving it back with a condition (asks for money in order to get it back)

Example
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

Question 4

LARCENY BY CLERKS OR SERVANTS Elements

Answer 4

• Accused
• Clerk or servant of master/employer
• Steals property:
o elements of larceny must be established
• Property belonging to the accused’s master/employer
Example 1
Simon works for Big W as a cashier. He serves many customers during his Saturday shift and handles a lot of cash. Five minutes before knock-off time, he opens the cash register, removes a $50 note and places it in his pocket. He spends the money on petrol on his way home.
= Property (cash) in possession of employer

Question 5

EMBEZZELEMENT by clerks or servants Elements

Answer 5

· Accused
· Clerk or Servant
· Receives property on behalf of employer
· Fraudulently embezzles that property

Example 2
Ben is working at Liquorland when a customer, in a hurry, hands him $50 to pay for a case of beer. The customer walks out the door before Ben enters the transaction into the till. Ben does not enter the transaction/purchase and puts the $50 in his pocket.
= Property (cash) not yet in possession of employer

Question 6

FRAUD Elements

Answer 6

· Accused
· Uses a deception
· Dishonestly obtains property
belonging to another or obtains any financial advantage or causes any financial disadvantage.
Maximum penalty—Imprisonment for 10 years.
Example 1
A person finds a wallet containing an ATM card and PIN that is not theirs. They then go to an ATM and use the card and PIN to withdraw $500 in cash.
The fraud is pretending they are authorised to access the account.

Question 7

STEALING MOTOR VEHICLE, VESSEL or TRAILER Elements (With intent to deprive owner permanently)

Answer 7

· Accused
· Steals:
o elements of larceny
· Motor vehicle, vessel or trailer.

Example 1 – Stealing motor vehicle …
Car broken into by three teenagers, car driven around for 3 hours and then burnt out.

Question 8

TAKING A CONVEYANCE WITHOUT OF OWNER Elements (Usually when they steal a car and ditch it)

Answer 8

· Accused
· Without consent
· Takes and drives conveyance or
· Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it. (e.g Joy Riding usually).
Example 2 – Taking a conveyance …
Car broken into by three teenagers, car driven around for 3 hours and then left on side of the road in a local industrial estate.
NOTE: They must act in concert with the driver. If they steal the car and picks up a friend and drops them off somewhere without disclosing it is stolen? Then it doesn’t count.

Question 9

What are the elements for goods in custody?

Answer 9

Elements
· the accused;
· has any thing in his or her custody,
· has any thing in the custody of another person,
· has any thing in or on-premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
· gives custody of any thing to a person who is not lawfully entitled to possession of the thing,

Example:
Pull someone over for having warrants against him and you find $10,000 on them. You question him and they tell you they are trying to buy tyres, BUT the guy is driving a shit-box car. You now have reasonable suspicion to charge under Goods in custody BECAUSE you have reasonable suspicion that the money is stolen or UNLAWFULLY obtained.

Question 10

What are the elements for receiving stolen property?

Answer 10

· the accused
· receives, disposes of, or attempts to dispose of stolen property
· the stealing amounts to a serious indictable offence
· the accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it.

EXAMPLE:
Jane steals an iPad from a work colleague. She gives it to her boyfriend Tom, and tells him that she had stolen it. Tom keeps possession of the iPad. Jane has committed the offence of larceny. Tom has committed the offence of

Question 11

Larceny by bailee Act and section?

Answer 11

Crimes Act, 1900, Section 125.

Question 12

Larceny by clerks or servants Act and Section?

Answer 12

Crimes Act 1900 (NSW),

156

Question 13

EMBEZZLEMENT by clerks or servants Act and Section?

Answer 13

Crimes Act 1900 (NSW), Section 157

Question 14

FRAUD Act and Section?

Answer 14

Crimes Act 1900 (NSW), Section 192E

Question 15

STEALING MOTOR VEHICLE, VESSEL or TRAILER Act and Section (With intent to deprive owner permanently)

Answer 15

Crimes Act, 1900 (NSW)

154F Stealing motor vehicle, vessel or trailer.

Question 16

Taking a conveyance without consent of owner Act and Section?

Answer 16

Crimes Act, 1900 (NSW)

154A

Question 17

Goods in Custody Act and Section?

Answer 17

Crimes Act 1900 (NSW), Section 527C

Persons unlawfully in possession of property

Question 18

Receiving stolen property Act and Section?

Answer 18

Crimes Act 1900 (NSW), Section 188