Elements of Larceny
Crimes Act 1900 s. 117
- The accused
- Took or carried away
- Property
- Belonging to another
- Without consent
- Without legal claim of right
- Fraudulently
- With the intention to permanently deprive
Elements of Break, Enter and Commit Serious Indictable Offence
Crimes Act 1900 s. 112
- The accused
- Broke
- Entered
- Dwelling-house or other building
- Committed a serious indictable offence
2 Types of Breaks
Actual: breaking seal of premises or interfering with the physical security of building
Constructive:
Key - lawful access to key but uses it in unauthorised way
Fraud - poses as a worker to gain permission to enter building
Conspiracy - someone with lawful access allowing another to enter
Threat - threatening owner or occupier for access
Elements of Steal from a Dwelling
Crimes Act 1900 s. 148
- The accused
- Stole
- Property
- In a dwelling-house and carried it out of such dwelling-house
Definition of a Dwelling
- Any building or structure intended for occupation and capable of being occupied
- A boat or vehicle in or on which a person resides
- Any building or structure within the same curtilage as a dwelling-house and occupied, or whose use is ancillary to the occupation of the dwelling-house
Circumstances of Aggravation of Steal from a Dwelling
- Armed with offensive weapon or instrument
- In company
- Infliction of ABH
- Deprivation of liberty
- Lawful occupants on premises
Doctrine of Recent Possession
A person in possession of property soon after a stealing nearby is considered the thief in the absence of any explanation
Elements of Larceny by Clerk or Servant
Crimes Act 1900 s. 156
- The accused
- Was employed as a clerk or servant
- Stole property
- Belonging to the master or employer
Elements of Embezzlement
Crimes Act 1900 s. 157
- The accused
- Received property on behalf of their master
- Fraudulently embezzled that property
Elements of Receiving Stolen Property
Crimes Act 1900 s. 188
- The accused
- Received, disposed of or attempted to dispose of stolen property
- The stealing was a serious indictable offence
- The accused knew the property was stolen at the time they received, disposed of or attempted to dispose of it
Elements of Fraud
Crimes Act 1900 s. 192E
- The accused
- Used deception
- Obtained property, financial advantage or caused financial disadvantage
Elements of Persons Unlawfully in Possession of Property
Goods in Custody
Crimes Act 1900 s. 527C
- The accused
- Had anything
- In his or her custody, or the custody of another, or in the premises
- Which reasonable may be suspected or being stolen or unlawfully obtained
Elements of Make/Use a False Document
Crimes Act 1900 s. 253/254
- The accused
- Made/Used a false document
- Intent to induce victim to accept it as genuine
Difference between Fraud and Larceny by Trick
Fraud involves deceiving the victim into handing over both possession and ownership, e.g. pretending to take charitable donations
Larceny by trick involves tricking the victim into handing over only the possession, e.g. trying something on in a clothes store and then walking out without paying
Elements of Larceny as a Bailee
Crimes Act 1900 s. 125
- The accused
- Received property from the owner under an agreement
- Where the accused was a bailee of such property
- Fraudulently
- Took such property (or part thereof) or converted such property to his or her own use or exchanged such property
What is the Mens Rea of Possession?
A person must have both physical and mental aspects of possession to commit a larceny offence
- Knowledge that the item is there
- Knowledge of what the item is
