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Legislation > Module 15 - Larceny. > Flashcards

Module 15 - Larceny. Flashcards

1
Q

7 Elements of Larceny?

A
  • the 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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2
Q

Crimes Act, section 117 provides the penalty for what?

A

Larceny.

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3
Q
  1. Larceny is punishable by up to how many years?

2. What offence is Larceny?

A
  1. up to 5 or more years.

2. Serious indictable offence

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4
Q

For property to be stolen it needs to be what?

A
  1. Tangible
  2. Have monetary value
  3. Be personal property
  4. Real property.
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5
Q

3 Different levels of belonging (property)

A
  1. Control - Manual custody or exclusive right to control, must have it on you.
  2. Ownership - the court must be satisfied that the property would have an owner.
  3. Possession - the owner maintains right to property even after giving up control.
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6
Q

What is the Doctrine of recent possession?

A

A person, who is in possession of items (property) so soon after a stealing or a break and enter have taken place, that no other conclusion should be reached by the Court than that the person is the thief, breaker or the guilty receiver in the absence of any explanation.

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7
Q

What can you use to prove the offence of Larceny?

A
  • CCTV footage
  • Statements from witnesses/ suspects/ victims
  • Actions of the accused
  • Exhibits
  • Admissions of the accused.
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8
Q

Crimes Act section 112 1(A) = Breaking etc into any house etc and committing a serious indictable offence…
what are the elements?

A
  • Accused
  • Breaks
  • Enters
  • Dwelling/House or other building
  • Commits a serious indictable offence.
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9
Q

Being within a premises then breaking out links to what legislation?

The elements are:

  • Accused
  • enters
  • Dwelling/House or other building
  • Commits a serious indictable offence
  • breaks out.
A

Crimes Act section 112 (1B).

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10
Q

What are the two ways ‘breaking’ can be conducted?

A
  1. Actual - Actual breaking involves the breaking of the seal, interfering with the physical security of the dwelling-house or other building.
  2. Constructive - Constructive breaking involves entry being gained through the unauthorised use of an item to gain entry.
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11
Q

Things used for constructive breaking are…

A
  1. A key
  2. Fraud
  3. Conspiracy
  4. Threat.
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12
Q

Where are the definitions found for Circumstances of aggravation regarding stealing/larceny/break and enters in Crimes Act (What section)?

A

105A.

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13
Q

What are Circumstances of Aggravation: Section 105.

A
  • armed with an offensive weapon or instrument
  • use of corporal violence
  • infliction of actual bodily harm
  • deprivation of liberty
  • people (lawful occupants) on premises at the time of the offence
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14
Q

6 different types of Larceny what are they?

A
  • Larceny by bailee
  • Larceny by clerks or servants
  • Embezzlement by clerks or servants
  • Fraud
  • Stealing motor vehicle, vessel or trailer
  • Taking a conveyance without consent of owner
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15
Q

Describe Larceny by Bailee:

A

A dry cleaner (bailee) receives a coat for cleaning (bailment) by a customer (bailor). The dry cleaner decides to wear the coat to a function prior to cleaning it and it being picked up.

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16
Q

Describe Larceny by Clerks and Servants:

A

Tom works at the JB HiFi in Rossiville. He has always wanted a pair of Beats headphones and he takes them off the display shelf and puts them in his bag in his locker, taking them home later that day. He has no intention of returning them.

17
Q

Describe Larceny by Embezzlement:

A

Ben is working at Liquor-land when a customer, in a hurry, hands him $50 to pay for a case of beer. The customer walks out the door before Ben enters the transaction into the till. Ben does not enter the transaction/purchase and puts the $50 in his pocket.

18
Q

Whats the difference between Larceny by Clerks or Servants and Embezzlement?

A
  1. Embezzlement by clerks or servants occurs before the property or cash comes into possession of the employer, i.e., it is taken before it is owned by the employer.
  2. Larceny by clerks or servants occurs after the property or cash comes into possession of the employer.
19
Q

Describe Larceny by Fraud:

A

Ingrid goes door-knocking for unwanted clothes and bric-a-brac telling homeowners that the proceeds from their sale will be sent to those living in 3rd world countries. However, she then goes on to sell it on Gumtree and pockets the proceeds.

20
Q

Describe Larceny by Stealing a motor vehicle, vessel or trailer:

A

Car broken into by three teenagers, car driven around for 3 hours and then burnt out.

21
Q

Describe Larceny by Taking a conveyance without consent from owner:

A

Car broken into by three teenagers, car driven around for 3 hours and then left on side of the road in a local industrial estate

22
Q

Elements of Larceny by Bailee (Crimes Act Section 125)

A
  • Accused
  • Possesses property as a bailee
  • Takes or converts property to their own use or the use of another
  • Acts fraudulently (dishonestly)
23
Q

Elements of Larceny by Clerks or Servants (Crimes Act Section 156)

A

• Accused
• Clerk or servant of master/employer
• Steals property:
o elements of larceny must be established
• Property belonging to the accused’s master/employer

24
Q

Elements of Larceny by Embezzlement by Clerks and Servants (Crimes Act Section 157)

A
  • Accused
  • Clerk or Servant
  • Receives property on behalf of employer
  • Fraudulently embezzles that property
25
Q

Elements of Larceny by Fraud (Crimes Act Section 192E)

A
  • Accused
  • Uses a deception
  • Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage.
26
Q

Elements of Larceny by Stolen Vehicle, Vessel, or trailer (Crimes Act Section 154F)

A

• Accused
• Steals:
o elements of larceny
• Motor vehicle, vessel or trailer. (Search for VIN number to prove it’s a motor vehicle or vessel).

27
Q

Elements of Larceny by Taking conveyance without consent from owner (Crimes Act Section 154A)

A
  • Accused
  • Without consent
  • Takes and drives conveyance or
  • Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it.

Legislation (5 decks)

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