Larceny Flashcards
1
Q
What are the extended proofs of a larceny? (9 points)
A
- The accused
- Property
- Belonging to another
- Taking/trespass
- Carried away/asportation
- W/O consent
- Intent to permanently deprive
- Claim of right
- Dishonestly
2
Q
What is the case of R v FUGE?
A
R v Fuge [2001] NSWCCA 208, [24]
the claim of right must be one that involves a belief as to the right to property or money in the hands of another. Extends to other property of equal value.
3
Q
What is claim of right?
A
Must be belief of legal not a moral entitlement
◦ Must be genuinely, ie honestly held. It does not matter if it is well founded in fact or law
◦ Does not have to be reasonable
◦ Must be more than coloured pretence
4
Q
What property can be subject to Larceny?
A
It must be;
1 moveable;
2 tangible;
3 of some value; &
4 of the description charged.
