PEP Week 9

Question 1

What are the 9 elements of Larceny?

Answer 1

1. The accused
2. Property subject to larceny.
3. Property belongs to another.
4. Taking/Trespass
5. Carried away/Asportation
6. Without consent.
7. With intent to permanently deprive.
8. Without claim of right.
9. Dishonestly

Question 2

What is the authority which relates to Claim of Right?

Answer 2

R v Fuge

Question 3

What are the elements of S112 - Break, Enter and commit SIO?

Answer 3

The accused did
- Break
- Enter or Break out of
- Dwelling house or other building
- Commit Serious Indictable Offence

Question 4

Can you rely on an alternative verdict in Local Court for BES offences?

Answer 4

No.

S115A of the Crimes Act (1900) allows for alternative verdicts between the categories of BES however these alternative verdicts are not available in the Local Court.
The only Agg BES that you will run in the local court will be in company. Historically this only became a T1 offence in the last few years.
Section 3 and Schedule 2 of the Crimes Act was never amended to allow the alternative verdicts for this offence in the Local Court.

Question 4

What are the types of ‘break’ in relation to BES offences?

Answer 4

Two. Actual and Constructive.

Question 5

What are the elements to Recieving under S188/189?

Answer 5

1. The Defendant
2. Received/Disposed of/attempted to dispose of
3. Property that was stolen
4. At the time of the action, the accused knew the property was stolen.

Property amounting to a serious indictable offence (s188)
Property amounting to a minor indictable offence (s189)

Question 6

Where do you find the definition of ‘Dishonestly’ in relation to Fraud offences? And what is the definition?

Answer 6

Section 4B Crimes Act 1900

Dishonest means dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people.

Question 6

What is the Statute of Limitations in relation to Goods in Custody?

Answer 6

6 months.

Question 6

What was held in R v English in respect to Goods in Custody?

Answer 6

The accused must have the thing in their custody upon apprehension and must be contemporaneous.

Question 7

What are the 4 different offences for the element of ‘custody’ in respect to GIC?

Answer 7

• Personal Manual Custody
• Temporary custody of another
• Custody in premises
• Give custody to a person who was not lawfully entitled to possession.