Larceny

Question 1

Is Larceny Common Law or legislated?

Answer 1

It’s definition is in common law, however its punishment is located at s 117 of the Crimes Act 1900

Question 2

What case has the definition of Larceny?

Answer 2

Illich v The Queen

Question 3

What is the definition of Larceny as per Illich?

Answer 3

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

Question 4

What are the Proofs of Larceny?

Answer 4

BITCCDAS

• property is subject of larceny at common law
• belongs to another
• take (trespass)
• asportation - carried away
• without consent
• intended to perm deprive
• without claim of right
• taking was dishonest

Question 5

What is meant by tangible property?

Answer 5

Must have physical substance, something that can be taken hold of and carried off.

Question 6

To be the subject of Larceny at common law, what is required?

Answer 6

Personal (moveable property)
Tangible
Of some value
Of the description charged

Question 7

What is personal property?

Answer 7

Anything but real property or animals in nature

Question 8

What is meant when it states that the goods must have some value?

Answer 8

Must have an economic value not just a sentimental or artistic value.

Question 9

What is meant by abandoned goods?

Answer 9

Owner is indifferent to any future asportation, leaves it for someone to take.
- intention of owner at time of disposal

Question 10

How can property belong to another?

Answer 10

• possession
• control
• ownership

Question 11

What is the definition of lost property?

Answer 11

• lost possession but not ownership

- it will be in the mind of the finder when the property is taken.

Question 12

Can larceny be done after finding an item? Larceny by find?

Answer 12

Yes, however it must be

• capable of being stolen
• what was mind of finder
• it is a trespass until finder decided what to do with property
• If the finder took the property with the intention to return that property to the owner they do not commit larceny. If they took it with that intent, and then later changed their mind and decided to keep the property, they have fraudulently appropriated the property.

Question 13

Can the property subject of larceny be from an unknown owner?

Answer 13

Yes, it must be written as unknown owner. It must be shown by the Crown that the owner could not in fact be established.

Question 14

What are the two sub elements involved in taking of the goods?

Answer 14

• trespass (taking)

- asportation (carrying away)

Question 15

What is the definition of trespass?

Answer 15

Unlawful laying of hands upon property

Question 16

What is the case of R v Leigh about?

Answer 16

B removed goods from a burning store to save them, thus taking possession of them. Later B converted them to B’s own use. Held: The first taking (removing from the store) did not amount to a trespass as it was done to protect that property, not with the intention to appropriate it. Therefore the later conversion could not be larceny, as B had already taken possession of the property.

Question 17

What is the doctrine of continuing trespass? R v Riley (sheep)

Answer 17

The case or R v Riley originally taking the extra lamb was not lawful, it was a trespass. It is a continued trespass until the time of the appropriation. When this happened it was temporal coincidence.

Question 18

What is meant by asportation?

Answer 18

The moving/taking away. It does not have to be any specified distance. In one case even moving it within the room for the purpose of hiding them to steal was sufficient.

Question 19

What are three ways in which property can be taken without the owners consent?

Answer 19

1. Intimidation
2. trick
3. Mistake

Question 20

What are the 3 sub elements of fraudulent intent?

Answer 20

• fraudulently
• perm depriving
• without claim of right

Question 21

What does fraudulently mean?

Answer 21

The accused took the property with a fraudulent state of mind. Assessed upon the subjective mind, measured to the ordinary standards of reasonable and honest people.

Held to be the same as dishonest. R v Glenister.

Question 22

What is a claim of right?

Answer 22

A claim of right made in good faith must be a belief in a legal, not moral claim to the property. The belief does not have to be reasonable. Claim of right may arise from a mistake of law or fact.

Case of BERNHARDT

Question 23

Where is the definition of fraudulent appropriation found in the crimes act?

Answer 23

Section 124.

Where a person had fraudulently appropriated to his or her own use or that of another, the property in respect of which the person is indicted, although the person had not originally taken the property with any fraudulent intent.