ADPP Session 1 + 2
Elements of goods in custody - ANS - the accused,
- has any thing in his or her custody,
- has any thing in the custody of another person,
- has anything in or on premises, or
- gives custody of any thing to a person who is not lawfully entitled to possession of the thing
which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained
Elements of receiving stolen property - ANS - 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 taking a conveyance without consent of owner - ANS - Accused
- Without consent
- Takes and drives conveyance or
- Knowing that any conveyance has been taken without such consent, drives it or allows
him/herself to be carried in or on it.
Elements of stealing motor vehicle, vessel or trailer - ANS - Accused
- Steals (elements of larceny)
- Motor vehicle, vessel or trailer
Elements of fraud - ANS - Accused
- Uses a deception
- Dishonestly obtain property belonging to another or obtains any financial advantage or causes
any financial disadvantage
Elements of embezzlement by clerks or servants - ANS - Accused
- Clerk or Servant
- Receives property on behalf of employer
- Fraudulently embezzles that property
Elements of larceny by clerks or servants - ANS - Accused
- Clerk or servant of master/employer
- Steals (elements of larceny)
- Property belonging to the accused's master/employer
, Elements of larceny by bailee - ANS - Accused
- Possesses property as a bailee
- Takes or converts property to their own use or the use of another
- Acts fraudulently (dishonestly)
Elements of stealing property in a dwelling-house - ANS - The accused
- Steals
- Property
-In a dwelling-house and carries it out of such dwelling-house
Elements of Larceny - ANS - The Accused
- Takes and carries away property
- Belongs to another
- Without consent
- Without legal claim of right
- Fraudulently (or dishonestly)
- Intent to permanently deprive
Elements of Larceny by Finding - ANS Same as larceny but accused came into possession by
finding it
Circumstances of aggravation for larceny: - ANS - armed with an offensive weapon or
instrument
- in company
- use of corporal violence
- infliction of actual bodily harm
- deprivation of liberty
- people (lawful occupants) on premises at the time of the offence
Circumstances of special aggravation for larceny: - ANS - offender intentionally or recklessly
wounds or inflicts GBH
- offender armed with a dangerous weapon
Types of braking - ANS - Actual breaking is breaking of the seal of the premises
- Constructive breaking may involve unauthorised use of keys, fraud, conspiracy, or threat
Elements of Break, Enter and Commit SIO (s. 112 CA) - ANS - Accused
- Breaks
- Enters
- Dwelling house or other building
- Committed a serious indictable offence
Where is the offence of larceny found? - ANS Common law. Punishment is s. 117 CA
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