Offences Against Property Flashcards
(39 cards)
What is the definition of Larceny?
Trespassing Taking and Carrying away the Personal property Of another, with the Intent to Permanently retain that property
For the offence of larceny, do you either need (1) intent to permanently deprive the victim of their property, or (2) intent to permanently retain the property?
(2) intent to permanently retain the property
What is the nemonic to remember the definition of larceny?
Thieves took Carmen’s purse and Isaac’s passport
For the offence of larceny, what is the asportation rule?
It means that, in terms of “carrying away,” all parts/portions of the property must be carried off
Is taking mislaid or lost property larceny?
Yes
Can you commit larceny by wrongfully obtaining services?
No
If the defendant has lawful possession of the item at the time of the taking, can he be guilty of larceny if he doesn’t own the property he takes?
No. If he is in lawful possession, he is not guilty of larceny. The focus for larceny is that you acquire unlawful custody (not title)
If the defendant takes personal property of another, but intends to give it back, would that amount to larceny?
No because the necessary intent is not present to commit the offence
If a defendant later forms the intent to permanently take property of another, even though at the point he took the item he didn’t intend to keep it, can he still commit the offence of larceny?
Yes, an exception to the concurrence rule applies for the crime of larceny and the initial trespassing act is considered to be continued
Under the requirements for larceny, what is the erroneous taking rule?
If you mistakenly take property, believing it to be yours, then the rule means you are not guilty of larceny
What is the mental state for the crime of embezzlement?
Specific intent to defraud
What is the definition of embezzlement?
Intentional conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud
Would a person commit the crime of embezzlement if he intended to give back the property in the exact state he took it?
No, because the defendant would lack the intent to defraud
Do you need to make a personal gain in order to commit the crime of embezzlement?
No. E.g. if you are an asset manager and you decide to give all of your client’s money to charity you could still be guilty of the offence
What’s the definition of false pretences?
Obtaining title to the personal property of another by a false statement made knowingly, with the intent to defraud
What mental state is required for the crime of false pretences?
D knew of the falsity if the statement and intended for the victim to rely on it
What is the difference between false pretences and larceny?
In larceny, the D gets ONLY CUSTODY, but for false pretences the D gets TITLE/OWNERSHIP
What is larceny by trick?
Defendant obtains only custody as a result of their false statement
What is the definition of robbery?
The taking and carrying away of the personal property of another
From their person
By force or by intimidation
With the intent to deprive the victim of it
What is the mental state required for robbery?
Specific intent to steal
To meet the threat or intimidation requirement for robbery, can a threat to property be sufficient?
Only if it’s the victim’s home. Otherwise, it needs to be to the victim or a family member
If a Defendant makes a threat of future violence, is that sufficient to constitute the force or intimidation element of robbery?
It needs to be of immediate death or serious physical injury
What is the definition of forgery?
Making or altering a writing
So that it is false
What is the mental state for forgery?
Specific intent to defraud
