Exam (elaborations)
ADPP LARCENY 338 – QUESTIONS WITH SOLUTIONS
- Course
- Institution
ADPP LARCENY 338 – QUESTIONS WITH SOLUTIONS
[Show more]
Content preview
ADPP LARCENY 338 – QUESTIONS WITH SOLUTIONSElements of Larceny Right Ans - 1. The accused (Need to confirm ID,
time,date and place of the accused)
2. Taking and carrying away of property (the property must be of value)
3. Belonging to another
4. Without consent
5. Without legal claim of right
6. Fraudulently
7. Intention to permanently deprive
Define taking and carrying away Right Ans - • Involves laying on the hands
• Amounts to a change of control
• Conceals an item, intending to walk out
• Legally it is known as asportation and requires on the slightest movement
• Item must be capable of being moved to be larceny
Define property Right Ans - • For property to be stolen it needs to be:
• Tangible- able to be touched
• Have Value
• Personal property
• Real property
What are the levels to belonging? Right Ans - • Control
• Ownership
• Possession
Define without consent Right Ans - • Actual- Expressed/ Implied
• Constructive- Finding/ Mistake/ Trick
What is Doctrine of recent possession Right Ans - A person, who has
possession of items so
soon after a stealing or break in has taken
place, and no other conclusion should be
reached by the court than that the person
is the thief, breaker or the guilty receiver
in the absence of an explanation
, What is required to prove the offence of larceny? Right Ans - • Statements
from witness/victim/owners
• Admissions or actions of the accused
• Exhibits
• CCTV
What is Section 112 Crimes Act 1900? Right Ans - Break, Enter and commit
serious indictable offence
What are the elements for Break, Enter and commit serious indictable offence
Right Ans - 1. The accused
2. Broke
3. Entered
4. Dwelling-house or other building
5. Committed a serious indictable offence
What are the types of breaks? Right Ans - • Actual Breaking: Involves
breaking the
seal of the premises, interfering with the
physical security.
• Constructive Breaking: (KFCT)
o KEY
o FRAUD
o CONSPIRACY
o THREAT
What are the circumstances of aggravation? Right Ans - (a) Armed with an
offensive weapon, or
instrument,
(b) Company of another person or persons,
(c) Uses corporal violence on any person,
(d) Intentionally or recklessly inflicts actual
bodily harm on any person,
(e) Deprives any person of his or her liberty,
(f) Knows that there is a Person, or that there
are persons, in the place where the offence is alleged to be committed.
Define offensive weapon or instrument Right Ans - (a) a dangerous
weapon, or
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Zendaya. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now