ADPP Session 2 MidTerms law
Larceny as a bailee elements - ANS The accused
Possesses property as a bailee
Takes or converts property to their own use or the use of another
Acts fraudulently
Larceny by bailee section number - ANS S125 Crimes Act
Larceny by Clerk or Servant elements - ANS 1. The accused
2. Clerk/servant of master/employer
3. Steals property
4. Property belonging to the accused's master/employer
Larceny by Clerk or Servant section number - ANS S156 Crimes Act
Embezzlement by clerks or servants elements - ANS 1. The accused
2. Clerk or servant
3. Receives property on behalf of employer
4. Fraudulently embezzles that property
Embezzlement by clerks or servants section number - ANS S157 Crimes Act
Fraud Elements - ANS 1. The accused
2. Uses a deception
3. Dishonestly obtain property belonging to another or obtains any financial advantage or
causes any financial disadvantage
Fraud Section number - ANS S192E Crimes Act
Steal Motor Vehicle, Vessel or Trailer elements - ANS 1. The accused
2. Steals
3. Motor vehicle, vessel or trailer
Steal Motor Vehicle, Vessel or Trailer section number - ANS S154F Crimes Act
Taking a conveyance without consent of owner elements - ANS 1. The accused
2. Without consent
3. Takes and drives conveyance or,
, 4. Knowing that any conveyance has been taken without such consent, drives it or allows
him/herself to be carried in or on it
Taking a conveyance without consent of owner section number - ANS S154A Crimes Act
Larceny Elements (Common Law) - ANS 1. The accused
2. Took and carried away property
3. Belonging to another
4. Without consent
5. Without legal claim of right
6. Fraudulently (dishonestly)
7. Intent to permanently deprive
Larceny penalty section number - ANS S117 Crimes Act
Asportation definition - ANS Move from original position to another place
- requires the slightest of movements
For property to be stolen it needs to be: - ANS Tangible
Have monetary value
Be personal
Real property (land and things attached are not included)
What are the 3 different levels of belonging to another - ANS 1. Control
2. Ownership
3. Possession
What does it mean to have a legal claim of right - ANS The honest belief that the person has
the legal right to take the goods, not a moral right
Different types of without consent - ANS 1. Actual
- Expressed
- Implied
2. Constructive
- Finding
- Mistake
- Trick
How to prove larceny - ANS - Statements from victims/witnesses/owners
- Actions of the accused
- Exhibits
- CCTV footage
- Admissions of the accused
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