Larceny

Question 1

What are the 4 proofs of Larceny?

Answer 1

1) Wrongfully took and carried away,
2) The personal goods of another,
3) With the intent of permanently depriving the owner of such property,
4) Without his or her consent.

Question 2

What type of offence is Larceny and where is the punishment defined?

Answer 2

Larceny is a common law offence

Punishment is defined in 117 of the crimes act

Question 3

What type of property can be stolen at common law larceny?

Answer 3

Must fulfill criteria

• Tangible
• Personal
• Some value need not be a dollar value

Question 4

How you prove the element of fraudulently obtained?

Answer 4

• Without claim of right

- Continuous possession

Question 5

Intent to return property is not larceny (true/false)

Answer 5

False

Question 6

Can you steal something that is already stolen?

Answer 6

Yes. The original owner is the victim.

Question 7

Can you steal unlawful items?

Answer 7

Yes

Question 8

How do you meet the element of took and carried away?

Answer 8

1) Physical movement of the property - slightest movement with intent.
2) No movement - no larceny.
3) For movement, there must be a change from one custodian to another.
4) There must be trespass- civil action of trespass.

Question 9

What must you prove to show intent

Answer 9

Must be intention of permanently depriving

Must assume ownership if the goods.

Question 10

What is continuous possession?

Answer 10

Original possession is obtained wrongfully with no intent to permanently deprive (initially). Intent to permanently deprive formed at a later stage