Larceny

Question 1

What type of offence is larceny?

Answer 1

Common Law

Question 2

What Section do penalties for larceny come under?

Answer 2

117 Crimes Act

Question 3

Definition of Larceny? Case Law?

Answer 3

Ilich v The Queen
A person steals who, without the consent of the owner, fraudulently and without claim of right made in good faith, takes and carries away, anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.

Question 4

Proofs of Larceny?

Answer 4

1. Property charged must be subject of larceny at common law.
2. Property belongs to another
3. Taking (trespass) of the property
4. Carried away - asportation
5. Taking without consent
6. Taking with intent - permanently deprive
7. Taking without claim of right
8. Taking was dishonest.

Question 5

Goods must be what to be subject of Larceny at common law?

Answer 5

• Personal (movable property)
• Tangible
• Of some value (economic)
• Of the description charged

Question 6

What property is not covered by personal property?

Answer 6

Real property (real estate) - not movable
- Land or property permanently attached to the land

Question 7

Severed property?

Answer 7

Property that has been severed can not be stolen by the person who severed it, unless it is first abandoned, under common law.

Question 8

S139 - 140 Crimes Act?

Answer 8

Makes it an offence to steal fixtures or Trees etc that are planted. Remedies common law deficiency.

Question 9

Tangible property re money?

Answer 9

Not stealing the value, but stealing the notes, coins themselves and stating their value.

Question 10

Of the description charged?

Answer 10

Property alleged in information is of same class disclosed in evidence. I.e, Facts and Indictment are same.

Question 11

Lost property case law?

Answer 11

R v MacDonald 1983

Question 12

R v Macdonald 1983?

Answer 12

Re lost property.
Taken that there is a felonious intent on finder if didnt take reasonable steps to locate owner of property after finding it. Facts, circumstances and value of item to be taken into consideration.

Question 13

If the owner of property is unknown? Case Law?

Answer 13

Ellis v Lawson (1987)

Crown must present evidence that they made reasonable attempts to locate the owner of the property if owner is unknown.

Question 14

What if ownership is unlawful? Case Law?

Answer 14

R v Anic

Even if possession of property is unlawful, it can still be subject of larceny. E.g drugs being stolen from someone.

Question 15

Trespass?

Answer 15

Unlawful laying of hands upon property

Question 16

lawful trespass then later conversion case law?

Answer 16

R v Leigh - If there is a lawful trespass at time of taking, however becomes converted to unlawful later (later creates intent to permanently deprive) not larceny, but fraudulent appropriation.

Question 17

Unaware of trespass then later conversation?

Answer 17

R v Riley - Doctrine of continuing trespass - larceny offence.
If unaware of trespass at time of trespass (extra apple in bag at woolworths that unaware of) Then later become aware of said item and decide to keep, trespass taken to have occurred at time of original taking. Larceny.

Question 18

Without consent of the owner.

Answer 18

Covers, intimidation, trick and mistake.

Question 19

Mistake case law?

Answer 19

Raymond John Ilich. Mistake must be one of a fundamental kind.

Question 20

Fraudulent intent?

Answer 20

Taking of property must be done fraudulently and without claim of right with intent to permanently deprive.

Question 21

Permanently deprive for personal gain?

Answer 21

No, need not be for personal gain, just prove to deprive owner.

Question 22

Claim of right?

Answer 22

Must be legal and not moral

Question 23

Fraudulently meaning? Case law?

Answer 23

R v Bernhardt
Dishonestly.
Must be genuine and honest claim, regardless of well founded fact or law.

Question 24

Larceny is a common law offence against what?

Answer 24

possession, control or ownership

Question 25

If property left on doorstep of charity organisation overnight etc, who owns property, if it is taken before organisation opens up and receives it?

Answer 25

Still under ownership of person who left it.