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  1. What importance does the "doctrine of recent possession" hold for a police officer investigating an offence of larceny? What ingredients must the police officer consider when applying this doctrine?
    It is not a special rule or a legal doctrine, but rather an example of circumstantial evidence. If a person is found in possession of recently stolen property & either fails to give any explanation as to how he or she came by it, or gives an explanation which the jury does not consider may reasonable be true, then it is open to the jury to conclude from the mere fact of possession that the person either stole the property or received it knowing it to be stolen,
  2. Why does statute law create a number of larceny-like offences to supplement the offence of Larceny at Common Law?
    Larceny is a common law offence which has many limitations. To counteract the difficulties in proving the common law offence of larceny, legislation has been enacted to create a range of offences that deal with other ways of dishonestly acquiring property. These offences are refered to as "offences akin to larceny"
  3. "Larceny as a Clerk" and "Embezzlement" are similar forms of larceny. What are the key differences between the two offences?
    larceny as a clerk or servant is to steal from your employer "after the till" this means that the employer has already taken ownership of the property.

    Embezzlement is to steal from your employer "before the Till" this means that the employer has not yet taken ownership of the property i.e. you received property on behalf of the owner (before the owner could get it).
  4. Can the offence of "fraudulent appropriation" be subject of a seperate charge in its own right? How must this offence be dealt with by police when it it put before the Court?
    Yes, it is an offence of larceny but is a matter for the court only to decide.

    • Elements:
    • On trial for larceny. It appears that the accused, although not originally intending to take the property, later appropriated the property for his/her own use.

    Accused is charged with larceny but the facts indicate the above

    Thos offence is determined by the Court only.
  5. What are the elements of "larceny as a Bailee"?
    • 1. Accused
    • 2. Possessed property as a Bailee
    • 3. Took or converted property to their own use or the use of another
    • 4. Acted Fraudulently (dishonestly)
  6. In the offence of "Obtain benefit by deception" as one of the elements, does the victim normally expect the return of the property at the time of the offence being committed?
    * Offender decieves the victim into handing over both posession and ownership of the property.

    * Victim does NOT expect to get the property back

    * Larceny by trick - the victim would expect to get the property back.
  7. What are the elements of "Make and Use False document? Is this a single offence?
    • s253 - Making a false document:
    • *Accused
    • *MADE a false document
    • *Intent to induce victim to accept it as genuine

    • s254 - Using a false document
    • *Accused
    • *USED a false document
    • *Intent to induce victim to accept it as genuine
  8. Whate are the differences between "steal Motor Vehicle" under section 154F of the crimes act and "taking a conveyance without the consent of the owner" under s154A of the crimes act?
    s154A Elements of the offence - taking a conveyance without consent of the owner:

    • 1. without the consent of the owner or the person having lawful possession
    • 2. of a conveyance
    • 3. took & drove such conveyance, or took it for the purpose of driving, secreting, obtaining a reward for restoration, or for any other fraudulent purpose.

    • s154F Elements of-Stealing motor vehicle or vessel
    • 1. wrongfully took & carried away
    • 2. the personal goods of another
    • 3. with the intent of permanently depriving the owner of such property and
    • 4. without his/her consent

    with s154A taking conveyance - there is no need to prove to permanently deprive and the definition of conveyance has a broader meaning than the definition of motor vehicle for S154F
  9. What are the implications of s334A of the crimes act for larceny type offences?
    A false statement offence can be either orally or in writing.
  10. The proofs that distinguish these offences from simple larceny realate to:
    * the accused having consent to be in possession of the property

    * the absence of felonious intent at the timeof the property coming into the posession of the accused.

    * the nature of the property that is the subject of the offence

    * a relationship of trust or implied contract between the victim and the accused; or

    * some type of deliberate deceptive action by the accused that causes the victim to relinquish ownership and possession of the property.
  11. Fraudulent Appropriation: S124, Crimes Act 1900
    Elements: On trial for larceny.

    • It appears that the accused, although not originally intending to take the property, later appropriated the property for his/her own use.
    • Accused is charged with larceny but the facts indicate the above
    • This offence is determined by the Court only.
  12. Larceny by Bailee - s125, Crimes Act 1900
    • 1. Accused
    • 2. Possessed property as a Bailee
    • 3. Took or converted property to their own use or the use of another
    • 4. Acted Fraudulently (dishonestly)
  13. Stealing Metal, glass, wood etc fixed to house or land - s139, Crimes Act 1900
    • Elements:
    • 1. That the accused stole;
    • 2. property;
    • 3. in a dwelling-house and carried it out of such dwelling house

    NB: dwelling-house - must be such a house that burglary could be committed in it. A person must be convicted of this offence even though he himself is the owner of the dwelling-house.
  14. Steal from dwelling; s148, Crimes Act 1900
    • Whosoever steals in a dwelling-house any property shall be liable to imprisonment for seven years.
    • Elements of the offence:
    • 1. That the accused stole
    • 2. Property;
    • 3. in a dwelling-house and carried it out of such dwelling-house
  15. Larceny as a clerk or servant - s156, Crimes Act 1900
    whosoever, being a clerk, or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, shall be liable to imprisonment for 10 years.

    • elements of the offence:
    • 1. That the accused was a clerk or servant
    • 2. that the property charged was owned by her or his master, or was in the power or possession of his or her master; and
    • 3. the accused stole such property
  16. Embezzlement; s157, Crimes Act 1900
    whosoever, being a clerk, or servant fraudulently embezzles...........was not received into the possession of such master, otherwise than by the actual possession of such clerk...

    • Elements:
    • 1. that the accused was the clerk or servant of the person named in the indictment; and
    • 2. that he receivedthe property specified (or it was delivered to him or taken into his possession) for, or in the name of, or on account of his master or employer and;
    • 3. he fraudulently embezzled such property
  17. By any deception, dishonestly obtaining another's property, obtaining any financial advantage or causing any financial advantage. S192E The Crimes Amendment (Fraud, Identity & Forgery Offences) Act 2009.
    • Elements:
    • 1. Accused
    • 2. Used a deception
    • 3. Dishonestly obtained property or financial advantage or cause financial disadvantage
  18. Making a false document with the intention that it will be used to induce another person to accept it is genuine to obtain another's property, obtain a financial advantage or cause a financial disadvantage, or influence the exercise of a public duty. S253 192E the Crimes Amendment (Fraud, identity & Forgery offences) Act 2009
    • s253 - Making a false document:
    • *Accused
    • *MADE a false document
    • *Intent to induce victim to accept it as genuine
  19. What is the statutory provision for Larceny?
    S117 Crimes Act 40/1900
  20. What is the definition of Larceny?
    Larceny is: At common law, larcent is committed by a person who, without the consent of the owner, fraudulently and without 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 thereof.
  21. What are the 6 proofs of larceny?
    • 1. The accused
    • 2. Taking/Carrying away property of another
    • 3. without consent
    • 4. without legal claim of right
    • 5. Fraudulently (dishonestly)
    • 6. Intent to permanently deprive
  22. s188-193 Crimes Act 40/1900 refers to Receiving stolen property - what is s188 and list the elements of the offence.
    • s188 - Receiving stolen property where stealing a SIO
    • Elements:
    • 1) that the property has been stolen
    • 2) the stealing was a SIO
    • 3) the accused received, disposed of or attempted to dispose of such property &
    • 4) at the time he knew it was stolen property
  23. s189 - state the offence
    s189 - Receiving etc where principal guilty of minor indictabble offence
  24. s189A - state the offence
    s189A - Receiving goods stolen outside NSW
  25. s189B - state the offence
    s189B - Prosecution under s188 & 189 where the property stolen in course of transmission
  26. s190 - state the offence
    s190- receiving etc cattle unlawfully killed, or carcass etc
  27. s527C of the Crimes Act 40/1900 refers to Goods in custody what are the elements of the offence
    s527C - Persons unlawfully in possession of property

    • a) has any thing in his/her custody
    • b) has any thing in the custody of another person
    • c) has any thing in or on the premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
    • d) gives custody of any thing to a person who is not lawfully entitled to possession of the thing

    • Proofs:
    • 1) had any thing
    • 2) in his/her custody, or custody of another or in premises
    • 3) which thing may reasonably be suspected of being stolen or unlawfully obtained
  28. what does s344A of the Crimes Act 40/1900 refer to in regards to larceny?
    S344A - attempts to commit an offence

    the mens rea (guilty mind) was there but the actus reus did not quite happen.

    Any person who attempts to commit any offence for which a penalty is provided under this Act shall be liable to that penalty.
  29. what section is the offence of Break, enter & commit SIO?
    S112 Crimes Act 40/1900
  30. In relation to a B,E & S what is a constructive break?
    Entering a property by one of the following means:

    • Key
    • Fraud
    • Conspiracy
    • Threat
  31. What are the elements for s112(1) - Commit Break, enter & committ SIO
    • a) the accused
    • b) Break
    • c) enter
    • d) dwelling/other building
    • e) Committ SIO (List proofs of the SIO)
  32. What are the elements for s112(2) BE&S with aggravation
  33. What are the elements for s112(3) BE&S Special aggravation
  34. what are the sections of the crimes Act relating to Break enter & committ SIO?
    • S109 - Enter dwelling with intent to committ SIO
    • S110 - Break, enter & asssault with intent to murder
    • S111 - Enter dwelling with intent to committ SIO
    • S112 - Break enter dwelling or other building committ SIO
    • S113 - Break, Enter or other building with intent to commit SIO
    • s114 - being armed with intent to committ Indictable offence
    • S148 - Enter Dwelling & Steal
  35. What is the statute section that relates to damage & destroy Property?
    S195 Crimes Act 40/1900
  36. What are the elements of damage & destroy property?
    • 1) the accused
    • 2) Malicisously
    • 3) destroyed/damaged property
    • 4) Property belonging to another another person or to the accused & another person
  37. What effect does fireor explosives have on the penalty for damage/destroy property?
    It adds 5 years on to the penalty
  38. What is the impact of the offence occurring during a public disorder with regards to penalty. What is the meaning of public disorder in this context?
    • s196(2) A person who, during a public disorder, destroys or damages property, intending by the destruction or damage to cause bodily injury to another, is liable:
    • a) to imprisonment for 9 years
  39. What are the different values with regards to Table 1 & Table 2 offences for damage/destroy property?
  40. Under what cicumstances can property be damaged or destroyed without it bing an offence?
  41. Can a person be guilty of damage/destroy property if the property is their own? In what circumstances?
    Yes, if it co-owned with another person.
  42. How is offensive noise defined?
    It will be considered offensive if it is harmful to anyone who is outside the premises from which it is being emitted, or even if it simply interferes with the comfort or rest of any such person.
  43. How long to police have to issue a noise abatement direction?
    if noise has been emmitted within the last 7 days police can issue a noice abatement direction.
  44. Whats does s276 empower police to issue
    A noice abatement direction
  45. Who can a noise abatement direction be given to?
    The occupier of the premises or to anyone to whom the officer believes is making or contributing to the noise.
  46. What form can a noise abatement direction be given?
    Orally or in writing
  47. How long does a noise abatement direction last
    28 days
  48. Can police enter if entry is refused for a noise abatement direction?
    The office can apply for a warrant to enter premisesin order to issue a direction or to take reasonable action to cause any noise to cease.
  49. Under what circumstances can police seize equipment in relation to a noise abatament direction?
    when taking necessary action to cause noise to cease, police may secure or seize any equipment that is being used in contrvention of a noise abatement direction, providing that a warning to do so is given to any persons in charge of the equipment.
  50. What are the 4 general requirement imposed on all dog owners?
    • * dog must have a collar & a tag
    • * must be leashed in public
    • * immediately & properly dispose of droppings
    • * must be micro chipped
  51. How long after a dog attack can officers seize the dog?
    within 72 hrs of the attack
  52. Who declares dogs dangerous?
    Council or a Court
  53. What are the 6 requirements placed on owners of dangerous dogs?
    • * must be leashed & muzzled in public
    • * must be kept in a child proof enclosure
    • * Not to be in the sole charge of a person under 18
    • * Property boundary must display dangerous dog warning signs
    • * must be desexed
    • * must not be sold to anyone under 18
  54. Clause 17 of the Protection of the Environment Operations Regulations 2008 creates an offence relating to Motor vehicles. What is it?
    Makes it an offence to operate a motor vehicle on a road or road related area whilst emitting an offensive noise from the vehicle sound system at any time.
  55. List the restricted breeds of dangerous dogs:
    • Pit bull terrier
    • American pit bull terrier
    • japanese tosa
    • argentinan fighting dog
    • brazilian fighting dog
  56. what is s156 of the crimes act?
    Larceny as a clerk or servant
  57. what is s157 of the acrime act?
  58. what is s125 of the crimes act?
    Larceny as a bailee
  59. what is s
  60. 192E of the crimes act
    Fraud (obtain benefit by deception)
  61. what is s253 & 254 of the crimes act?
    Make & use false document (forgery)
  62. what is s154F of the crimes act
    steal motor vehicle or vessel
  63. what is s154A of the crimes act
    illegally use conveyance
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2012-04-09 01:43:52
Chapters 11

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