ADPP Larceny 350: Questions & Detailed Solutions
What is the definition of Larceny? Right Ans - The Crimes Act 1900 (NSW)
Section 117 only prescribes the penalty
for larceny not the definition.
Larceny is a common law offence and as such the definition of larceny
is contained within common law.
The punishment for larceny is five years imprisonment and therefore
is a serious indictable offence.
What are the elements of Larceny? Right Ans - 1. The Accused
2. Without consent
3. Fraudulently
4. Without legal claim of right
5. Taking and carrying away property (the property must be of value)
6. Belonging to another
7. Intent to permanently deprive
What is the doctrine of recent possession? Right Ans - A person, who is in
possession of items (property) so soon after a
stealing, or a break and enter, has taken place, that no other
conclusion should be reached by the Court other than the person is
the thief, breaker or the guilty receiver in the absence of any explanation.
For example:
Having a stolen car 5min after reported stolen
Having valuable art just days after it is stolen
For property to be stolen, it needs to be: Right Ans - ·Tangible - able to be
touched
·Have monetary value
·Be personal property (property that can be owned)
·Real property, for example, land and things permanently attached to land are
NOT included.
, There are different levels of belonging to another (COP); Right Ans -
oControl - manual custody or exclusive right to control, for example, have it on
you or with you.
oOwnership - the court must be satisfied that the property would have an
owner although their identification may be unknown. Not abandoned. Joint
ownership is acceptable.
oPossession - the owner maintains right to the property even after giving up
control. For example, lost but not abandoned.
Without consent can be broken down as follows: Right Ans - oActual
oExpressed: The owner tells someone, "It is mine. I do not want you to have
it".
oImplied: If property is left in an office drawer or in a car, it is implied the
owner does not want anyone to have it.
oConstructive
oFinding: Someone finds a wallet and does not make enquiries regarding the
owner.
oMistake: Someone gives you property thinking you are the owner of that
property and you take it without telling them any different.
oTrick: Someone asks a salesperson if they can take something outside and
leaves without paying for it.
Crimes Act 1900 (NSW), Section 118 Right Ans - •Intention to return
property is no defence. Where the accused appropriated the property but
intended eventually to restore it, he shall not be entitled to an acquittal.
Victim Care Right Ans - ·Shock and disbelief
·A sense of violation
·Anger and frustration
·Fear / Suspicion
·Stress/ Guilt
What are the elements of Break and Enter commit SIO? Right Ans - Crimes
Act 1900 (NSW), Section 112
•Accused
•Breaks
What is the definition of Larceny? Right Ans - The Crimes Act 1900 (NSW)
Section 117 only prescribes the penalty
for larceny not the definition.
Larceny is a common law offence and as such the definition of larceny
is contained within common law.
The punishment for larceny is five years imprisonment and therefore
is a serious indictable offence.
What are the elements of Larceny? Right Ans - 1. The Accused
2. Without consent
3. Fraudulently
4. Without legal claim of right
5. Taking and carrying away property (the property must be of value)
6. Belonging to another
7. Intent to permanently deprive
What is the doctrine of recent possession? Right Ans - A person, who is in
possession of items (property) so soon after a
stealing, or a break and enter, has taken place, that no other
conclusion should be reached by the Court other than the person is
the thief, breaker or the guilty receiver in the absence of any explanation.
For example:
Having a stolen car 5min after reported stolen
Having valuable art just days after it is stolen
For property to be stolen, it needs to be: Right Ans - ·Tangible - able to be
touched
·Have monetary value
·Be personal property (property that can be owned)
·Real property, for example, land and things permanently attached to land are
NOT included.
, There are different levels of belonging to another (COP); Right Ans -
oControl - manual custody or exclusive right to control, for example, have it on
you or with you.
oOwnership - the court must be satisfied that the property would have an
owner although their identification may be unknown. Not abandoned. Joint
ownership is acceptable.
oPossession - the owner maintains right to the property even after giving up
control. For example, lost but not abandoned.
Without consent can be broken down as follows: Right Ans - oActual
oExpressed: The owner tells someone, "It is mine. I do not want you to have
it".
oImplied: If property is left in an office drawer or in a car, it is implied the
owner does not want anyone to have it.
oConstructive
oFinding: Someone finds a wallet and does not make enquiries regarding the
owner.
oMistake: Someone gives you property thinking you are the owner of that
property and you take it without telling them any different.
oTrick: Someone asks a salesperson if they can take something outside and
leaves without paying for it.
Crimes Act 1900 (NSW), Section 118 Right Ans - •Intention to return
property is no defence. Where the accused appropriated the property but
intended eventually to restore it, he shall not be entitled to an acquittal.
Victim Care Right Ans - ·Shock and disbelief
·A sense of violation
·Anger and frustration
·Fear / Suspicion
·Stress/ Guilt
What are the elements of Break and Enter commit SIO? Right Ans - Crimes
Act 1900 (NSW), Section 112
•Accused
•Breaks
