Larceny Flashcards

Question

What is the definition of deception?

Answer 1

Any intentional or reckless deception by words or other conduct as to fact or as to law.

Answer 2

Steal from dwelling

Answer 3

1. The accused 2. Stole 3. Property 4. In a dwelling house and carried it out of such dwelling-house

Answer 4

- Armed with an offensive weapon or instrument - In company of another offender - Use of corporal violence - Infliction of actual bodily harm - Deprivation of liberty - People (lawful occupants) on premises at the time of the offence Only need one of the above to commit a circumstance of aggravation

Answer 5

- the alleged offender intentionally wounds or intentionally inflicts her joys bodily harm on any person - the alleged offender inflicts brevity’s bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person - the alleged offender is armed with a dangerous weapon

Answer 6

Larceny as a clerk or servant (after the til)

Answer 7

1. The accused 2. Clerk or servant of master/employer 3. Stole property 4. All elements of larceny established 5. Property belonged to the accused’s master/employer

Answer 8

Embezzlement (before the til)

Answer 9

1. The accused - clerk or servant of victim 2. Received property on behalf of employer 3. Fraudulently embezzled that property

Answer 10

Crimes Act 1900 (NSW), Section 154F

Answer 11

1. The accused 2. Stole (elements of larceny) 3. Motor vehicle or vessel

Answer 12

Taking conveyance without consent of owner

Answer 13

1. The accused 2. Without consent 3. Took and drove conveyance - includes taking for driving, secreting, obtaining a reward or any other dishonest purpose, OR 4. Drive or be carried in/on a conveyance knowing it has been taken without consent

Answer 14

154F: must prove all elements of larceny including the intention to permanently deprive 154A: do not need to prove intention to permanently deprive

Answer 15

- Rebirthing (pulling parts out and selling) - Permanently damage - Selling vehicle - Keep for own use

Answer 16

Persons unlawfully in possession of property (goods in custody)

Answer 17

1. The accused 2. Has anything in his or her custody 3. Has anything in the custody of another person 4. Has any thing in or on premises, whether belonging to or occupied by himself or herself or not, whether that thing is there for his or her own use or the use of another, OR 5. Gives custody of any thing to a person who is not lawfully entitled to possession of the thing, and 6. The thing may be reasonably suspected of being stolen or otherwise unlawfully obtained

Answer 18

- Knowledge of the existence of the item | - Knowledge of the likely nature of the item

Answer 19

That it was reasonable to suspect the goods were stolen or otherwise unlawfully obtained

Answer 20

Attaches to the goods not the person

Answer 21

Intent to return property no defence

Answer 22

- If the accused satisfies the court that he or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained

Answer 23

The accused - to show that, having the item in their possession, it was objectively not reasonable for them to suspect it was stolen or otherwise unlawfully obtained

Answer 24

Receiving stolen property where stealing a serious indictable offence

Answer 25

1. The accused 2. Received, disposed of or attempted to dispose of stolen property 3. The initial stealing of the property was a serious indictable offence 4. The accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it

Answer 26

No, because they didn’t know at the time of receiving that it was stolen

Answer 27

Receiving etc where principal guilty of minor indictable offence

Answer 28

188 - serious

Answer 29

189 - minor

Answer 30

Section 148: stealing from dwelling

Larceny Flashcards

(55 cards)