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Ses. 2 > Larceknee > Flashcards

Larceknee Flashcards

1
Q

Larceny defined?

A

At common law larceny is committed by a person who, without the consent of the owner fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, permanently to deprive the owner.

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2
Q

Elements of larceny?

A 
Accused
Without consent
Fraudulently
Without legal claim of right
Taking and carrying away property
Belonging to another
Intent to permanently deprive.
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3
Q

S118 Crimes act 1900

A

Intent to return property no defence

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4
Q

How do you prove larceny?

A
  • Statements
  • Actions
  • Exhibits
  • CCTV
  • Admissions
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5
Q

What are Circumstances of Aggravation?

A
  • Armed with an offensive implement
  • Use of corporal violence
  • Infliction of actual bodily harm
  • Deprivation of liberty
  • Lawful occupants on premises at the time of the offence.
  • In company.
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6
Q

What are Circumstances of Special Aggravation?

A
  • Offender intentionally wounds or inflicts grievous bodily harm.
  • Offender armed with a dangerous weapon.
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7
Q

S112(1)(a) Crimes act 1900

A

Breaks and enters any dwelling-house or other building and commits any serious indictable offence therein.

  • Accused
  • Breaks
  • Enters
  • Dwelling-house
  • Commits a serious indictable offence
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8
Q

S112(1)(b) Crimes act 1900

A

Being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building.

  • Accused
  • Enters
  • Dwelling-House or other building
  • Commits serious indictable offence
  • Breaks out
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9
Q

Actual Breaking

A

The breaching of the seal, interfering with the physical security of the dwelling-house.

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10
Q

Constructive Breaking

A

Entry being gained through the unauthorised use of:

  • Key
  • Fraud
  • Conspiracy
  • Threat
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11
Q

Not breaking

A
  • Entry through unsecured door (latch or chain)
  • Raising an already partially opened window
  • Entering through a door or window that is already opened
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12
Q

Entry

A

From the outside to the inside of a dwelling-house

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13
Q

S112(3) Crimes act 1900

A

Breaking into a house-dwelling and committing a serious indictable offence. Special aggravation

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14
Q

S148 Crimes act 1900

A

Stealing property in a dwelling-house.

  • Accused
  • Steals
  • Property
  • In a dwelling-house
  • Carries out of dwelling-house.
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15
Q

S125 Crimes act 1900

A

Larceny by bailee

  • Accused
  • Possesses property as a bailee
  • Takes or converts property to their own use or the use of another
  • Acts fraudulently
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16
Q

S156 Crimes act 1900

A

Larceny by clerks or servants

  • Accused
  • Clerk or servant of master/employer
  • Steals property
  • Property belonging to the accused’s master/employer
17
Q

S157 Crimes act 1900

A

Embezzlement by clerks or servants

  • Accused
  • Clerk or servant
  • Receives property on behalf of employer
  • Fraudulently embezzled that property
18
Q

S192E Crimes act 1900

A

Fraud

  • Accused
  • Uses deception
  • Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage
19
Q

S154F Crimes act 1900

A

Stealing motor vehicle, vessel or trailer

  • Accused
  • Steals (Accused, Without consent, Fraudulently, Without legal claim of right, Taking and carrying away property, Belonging to another, Intent to permanently deprive).
  • Motor vehicle, vessel or trailer
20
Q

S154A Crimes act 1900

A

Taking a conveyance without consent of owner

  • Accused
  • Without consent
  • Takes and drives conveyance
  • Knowing that any conveyance has been taken with such consent
  • Drives it or allows him/herself to be carried in or on it
21
Q

S527C Crimes act 1900

A

Persons unlawfully in possession of property

  • Accused
  • Has any thing in his or her custody
  • Has any thing in the custody of another person
  • Has anything 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
  • Gives custody of any thing to a person who is not lawfully entitled to possession of the thing
22
Q

S188 Crimes act 1900

A

Receiving stolen property where stealing is a serious indictable offence

  • 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
23
Q

S189 Crimes act 1900

A

Receiving etc where principal guilty of minor indictable offence

  • Accused
  • Receives, disposes of, attempts to dispose of
  • Any property
  • Stealing is minor indictable offence
24
Q

Doctrine of recent possession

A

The inference that the possessor of the property had knowledge that the property was obtained in the commission of the offence

25
Q

Offence for larceny

A

Common law

Ses. 2 (14 decks)

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