Offences Against Property

Question 1

What is the definition of Larceny?

Answer 1

Trespassing
Taking and
Carrying away the
Personal property 
Of another, with the
Intent to
Permanently retain that property

Question 2

For the offence of larceny, do you either need (1) intent to permanently deprive the victim of their property, or (2) intent to permanently retain the property?

Answer 2

(2) intent to permanently retain the property

Question 3

What is the nemonic to remember the definition of larceny?

Answer 3

Thieves took Carmen’s purse and Isaac’s passport

Question 4

For the offence of larceny, what is the asportation rule?

Answer 4

It means that, in terms of “carrying away,” all parts/portions of the property must be carried off

Question 5

Is taking mislaid or lost property larceny?

Answer 5

Yes

Question 6

Can you commit larceny by wrongfully obtaining services?

Answer 6

No

Question 7

If the defendant has lawful possession of the item at the time of the taking, can he be guilty of larceny if he doesn’t own the property he takes?

Answer 7

No. If he is in lawful possession, he is not guilty of larceny. The focus for larceny is that you acquire unlawful custody (not title)

Question 8

If the defendant takes personal property of another, but intends to give it back, would that amount to larceny?

Answer 8

No because the necessary intent is not present to commit the offence

Question 9

If a defendant later forms the intent to permanently take property of another, even though at the point he took the item he didn’t intend to keep it, can he still commit the offence of larceny?

Answer 9

Yes, an exception to the concurrence rule applies for the crime of larceny and the initial trespassing act is considered to be continued

Question 10

Under the requirements for larceny, what is the erroneous taking rule?

Answer 10

If you mistakenly take property, believing it to be yours, then the rule means you are not guilty of larceny

Question 11

What is the mental state for the crime of embezzlement?

Answer 11

Specific intent to defraud

Question 12

What is the definition of embezzlement?

Answer 12

Intentional conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud

Question 13

Would a person commit the crime of embezzlement if he intended to give back the property in the exact state he took it?

Answer 13

No, because the defendant would lack the intent to defraud

Question 14

Do you need to make a personal gain in order to commit the crime of embezzlement?

Answer 14

No. E.g. if you are an asset manager and you decide to give all of your client’s money to charity you could still be guilty of the offence

Question 15

What’s the definition of false pretences?

Answer 15

Obtaining title to the personal property of another by a false statement made knowingly, with the intent to defraud

Question 16

What mental state is required for the crime of false pretences?

Answer 16

D knew of the falsity if the statement and intended for the victim to rely on it

Question 17

What is the difference between false pretences and larceny?

Answer 17

In larceny, the D gets ONLY CUSTODY, but for false pretences the D gets TITLE/OWNERSHIP

Question 18

What is larceny by trick?

Answer 18

Defendant obtains only custody as a result of their false statement

Question 19

What is the definition of robbery?

Answer 19

The taking and carrying away of the personal property of another

From their person

By force or by intimidation

With the intent to deprive the victim of it

Question 20

What is the mental state required for robbery?

Answer 20

Specific intent to steal

Question 21

To meet the threat or intimidation requirement for robbery, can a threat to property be sufficient?

Answer 21

Only if it’s the victim’s home. Otherwise, it needs to be to the victim or a family member

Question 22

If a Defendant makes a threat of future violence, is that sufficient to constitute the force or intimidation element of robbery?

Answer 22

It needs to be of immediate death or serious physical injury

Question 23

What is the definition of forgery?

Answer 23

Making or altering a writing

So that it is false

Question 24

What is the mental state for forgery?

Answer 24

Specific intent to defraud

Question 25

To commit the crime of forgery, does the Defendant need to gain a benefit from their false writing?

Answer 25

No, the crime is complete once the forgery is made

Question 26

What is the definition of burglary?

Answer 26

The breaking and entering

Of a dwelling of another

At night

With the intent to commit a felony inside

Question 27

What is the mental state for burglary?

Answer 27

Specific intent to commit a felony (rob, assault, murder etc.)

Question 28

What constitutes “breaking” for the offence of burglary?

Answer 28

Creating or enlarging an opening by at least minimal force

Question 29

What is constructive breaking?

Answer 29

Entry through fraud, threats or intimidation

Question 30

What constitutes “entry” for the offence of burglary?

Answer 30

Some part of the D’s body or an inanimate object must enter the building

Question 31

Can you burglarise your own home?

Answer 31

No, needs to be of another

Question 32

What is the definition of arson?

Answer 32

The malicious burning of the dwelling of another

Question 33

To commit the offence of arson, what counts as “burning?”

Answer 33

Material wasting, meaning at least a char

To the building itself (not the furniture)

Question 34

What is the mental state for arson?

Answer 34

Malice

Question 35

To commit the offence of possession of contraband, what “possession” is required?

Answer 35

Control for long enough to have the opportunity to terminate your possession

Question 36

For the purpose of the offence of possession of contraband, what is constructive possession?

Answer 36

The items are not in the D’s actual possession, but close enough for him to exercise dominion and control over it.

Question 37

What is the mental state for possession of contraband?

Answer 37

Knowledge of the possession and of the character of the items possessed.

But D need not be aware of the items illegality or true nature

Question 38

What are the required acts for receipt or stolen property?

Answer 38

Receiving possession and control of stolen property (must have been stolen at the time of receipt)

Question 39

What is the mental state for receipt of stolen property?

Answer 39

Knowing that the property has been obtained criminally by another party

And intent to permanently deprive the owner of their interest in the property