Larceny defined?
At common law larceny is committed by a person who, without the consent of the owner fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, permanently to deprive the owner.
Elements of larceny?
Accused Without consent Fraudulently Without legal claim of right Taking and carrying away property Belonging to another Intent to permanently deprive.
S118 Crimes act 1900
Intent to return property no defence
How do you prove larceny?
- Statements
- Actions
- Exhibits
- CCTV
- Admissions
What are Circumstances of Aggravation?
- Armed with an offensive implement
- Use of corporal violence
- Infliction of actual bodily harm
- Deprivation of liberty
- Lawful occupants on premises at the time of the offence.
- In company.
What are Circumstances of Special Aggravation?
- Offender intentionally wounds or inflicts grievous bodily harm.
- Offender armed with a dangerous weapon.
S112(1)(a) Crimes act 1900
Breaks and enters any dwelling-house or other building and commits any serious indictable offence therein.
- Accused
- Breaks
- Enters
- Dwelling-house
- Commits a serious indictable offence
S112(1)(b) Crimes act 1900
Being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building.
- Accused
- Enters
- Dwelling-House or other building
- Commits serious indictable offence
- Breaks out
Actual Breaking
The breaching of the seal, interfering with the physical security of the dwelling-house.
Constructive Breaking
Entry being gained through the unauthorised use of:
- Key
- Fraud
- Conspiracy
- Threat
Not breaking
- Entry through unsecured door (latch or chain)
- Raising an already partially opened window
- Entering through a door or window that is already opened
Entry
From the outside to the inside of a dwelling-house
S112(3) Crimes act 1900
Breaking into a house-dwelling and committing a serious indictable offence. Special aggravation
S148 Crimes act 1900
Stealing property in a dwelling-house.
- Accused
- Steals
- Property
- In a dwelling-house
- Carries out of dwelling-house.
S125 Crimes act 1900
Larceny by bailee
- Accused
- Possesses property as a bailee
- Takes or converts property to their own use or the use of another
- Acts fraudulently
S156 Crimes act 1900
Larceny by clerks or servants
- Accused
- Clerk or servant of master/employer
- Steals property
- Property belonging to the accused’s master/employer
S157 Crimes act 1900
Embezzlement by clerks or servants
- Accused
- Clerk or servant
- Receives property on behalf of employer
- Fraudulently embezzled that property
S192E Crimes act 1900
Fraud
- Accused
- Uses deception
- Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage
S154F Crimes act 1900
Stealing motor vehicle, vessel or trailer
- Accused
- Steals (Accused, Without consent, Fraudulently, Without legal claim of right, Taking and carrying away property, Belonging to another, Intent to permanently deprive).
- Motor vehicle, vessel or trailer
S154A Crimes act 1900
Taking a conveyance without consent of owner
- Accused
- Without consent
- Takes and drives conveyance
- Knowing that any conveyance has been taken with such consent
- Drives it or allows him/herself to be carried in or on it
S527C Crimes act 1900
Persons unlawfully in possession of property
- Accused
- Has any thing in his or her custody
- Has any thing in the custody of another person
- Has anything in or on-premises
- Whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another
- Gives custody of any thing to a person who is not lawfully entitled to possession of the thing
S188 Crimes act 1900
Receiving stolen property where stealing is a serious indictable offence
- Accused
- Receives
- Disposes of, or attempts to dispose of stolen property
- The stealing amounts to a serious indictable offence
- The accused knew the property was stolen at the time they received , disposed of, or attempted to dispose of it
S189 Crimes act 1900
Receiving etc where principal guilty of minor indictable offence
- Accused
- Receives, disposes of, attempts to dispose of
- Any property
- Stealing is minor indictable offence
Doctrine of recent possession
The inference that the possessor of the property had knowledge that the property was obtained in the commission of the offence
