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15 MOD ADPP EXAM QUESTIONS WITH COMPLETE SOLUTIONS LATEST 2024/2025( A+ GRADED 100% VERIFIED).
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15 MOD ADPP EXAM QUESTIONS WITH COMPLETE SOLUTIONS LATEST 2024/2025( A+ GRADED 100% VERIFIED).
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15 MOD ADPPDefinition of larceny - ANS At common law, larceny is committed by a person who, without the
consent of the owner, fraudulently and without a claim of right made in good faith, takes and
carries away anything capable of being stolen with intent, at the time of such taking,
permanently to deprive the owner there of.
Elements of Larceny - ANS The accused
Without consent
Fraudulently
Without legal claim of right
Taking and carrying away property (the property must be of value)
Belonging to another
Intent to permanently deprive
Is larceny a common law or statute law offence and where is the penalty for hit - ANS Larceny
is a Common Law offence. Crimes Act 1900 (NSW), Section 117 provides the penalty for
larceny, larceny is punishable by five years' imprisonment, therefore is a serious indictable
offence.
What section is intent to return property no defence - ANS Crimes Act 1900 (NSW), Section
118
What is Doctrine of recent possession - ANS A person, who is in possession of items (property)
so soon after a stealing, or a break and enter, have taken place, that 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 any explanation.
Consider:
where you find the alleged offender
the time since the offence
the item the offender is carrying
guilty knowledge inferred from silence or with no other reasonable explanation for possession
offered
how do you Prove the offence of larceny - ANS What is required to prove larceny will be
determined on a case-by-case basis:
Statements from witness/victim/owners
Actions of the accused
Exhibits
CCTV
Admissions of the accused
, Elements of Break Enter and Commit Serious Indictable Offence
Breaking into and entering premises - ANS Crimes Act 1900 (NSW), Section 112(1)(a)
Accused
Breaks
Enters
Dwelling-house or other building
Commits a serious indictable offence
Elements of Break Enter and Commit Serious Indictable Offence
Being within premises and then breaking out - ANS Crimes Act 1900 (NSW), Section 112(1)(b)
Accused
Enters
Dwelling-house or other building
Commits a serious indictable offence
Breaks out
What does Crimes Act 1900 (NSW), Section 112 refer to - ANS - refers to breaking etc into any
house etc and committing a serious indictable offence, the overwhelming majority of cases
involve larceny - hence the police colloquialism Break, Enter and Steal.
What are the two ways breaking can be done - ANS an actual break
a constructive break
Actual breaking - ANS Actual breaking involves the breaking of the seal, interfering with the
physical security of the dwelling-house or other building.
Examples of actual breaking
Smashing or jemmying open a window or door
Opening a window or door that is closed - they do not need to be locked
Removing tiles from a roof
Opening a cellar door held down by its own weight
Opening an interior door - not a cupboard
Flicking the latch or chain off an otherwise partially opened window or door
Constructive breaking - ANS Constructive breaking involves entry being gained through the
unauthorised use of one of the following:
A Key
The use of a key occurs when a person has lawful access to a key but uses it in a manner for
which authority has not been granted.
Example: a cleaner has keys to an office block as part of their role as cleaner but the cleaner
uses the keys on this occasion to enter the office block and steal a computer.
Fraud
Example: A person poses as a Telstra worker and gains permission to enter the building on the
premise of checking telephone lines and once in the building steals jewellery.
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