PPP115 (2) Ben

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PPP115 (2) Ben
2012-07-04 07:34:07
ppp115 ben

Larceny, Akkin to larceny, GIC, BE&S and everything after!
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  1. Larceny
    S117 CA 1990 (To note that larceny is a common law offence, the legeslation outlining larceny in the CA is merely stating the punishment for larceny)

    • The accused
    • Took or carried away
    • Property belonging to another
    • Without consent of owner
    • Without legal claim of right
    • Fraduently  
    • With intent to permantly deprive
  2. The 3 levels of 'belonging' in respect of larceny
    • Ownership - Propert MUST have an owner
    • Control - manual custody or exclusive right to control 
    • Possession - mintain right to the property after giving up control
  3. Explain the docterine of recent possession
    • Some has something you suspect was reasonable stolen you can reasonably conclude from the facts that the offender stole the property
    • Look at -
    • where you find the alleged offender
    • time since offence,
    • the item the offender is carrying
    • (if a person is walking down the street with a dvd player, 5 minutes after a call for a break an enter at retravision down the road .. safe to say old mate knicked it)
  4. Larceny as a clerk or servant 
    S156 CA (After the till)

    • The accused
    • Clerk or servant of a master/employer
    • Stole (6 Proofs of larceny
    • Property BELONGED to master/employer 
  5. Embezzlement
    • S157 CA (Before the till)
    • The accused
    • Clerk or servant of victim
    • Recieved property on behalf of master/employer
    • Fraudently embezzled that property
  6. Larceny as a Bailee
    • S125 CA
    • Accused
    • Possessed property as a bailee
    • Took or converted that property for their own use or the use of another
    • Fraudently
    • (A bailment is an agreement, it can be either written, oral, express or implied) 
  7. Fraudelent appropriation
    • S124 CA
    • The accused, although not originally attempting to take the property, later appropriated the property for his/her own use
    • Accused is charged with larceny including the facts indicated above - decided by courts only
  8. Fraud (Obtain benefit by deception)
    • S192E CA
    • The accused
    • Used a deception 
    • Dishonostly obtained property, or financial advantage or caused financial disadvantage 
    • (Decieves victim into handing over both POSSESSION and OWNERSHIP, victim does not expect to get property back)
  9. Made a false document
    • S253 CA
    • The accused
    • Made a false document 
    • Intent to induce victim to accept it as genuine
  10. Used a false document
    • S254 CA
    • The accused
    • Used a false document
    • Intent to induce victim to accept it as genuine 
  11. Steal a motor vehicle or vessel 
    • S154F (F for .. ford?)
    • The accused
    • Stole (6 elements of larceny)
    • a motor vehicle or vessel 
  12. Taking conveyence without consent of owner (Joyriding)
    • s154A
    •  The accused
    • Took and drove conveyence
    • Drive or be carried in/on a conveyence knowing it has been taken without consent
    • (Someone in passanger seat is liable for offence) 
  13. Goods in custody
    • S527C (C for custody?)
    • The accused
    • had ANY THING in -
    • A) Their custody
    • B) Custody Of another
    • C) In premises
    • D) In custody of someone not lawfully entitled to it
    • Which thing may reasonably be suspected of being stolen or unlawfully obtained
    • (Suspision is on the goods, summary offence, balance of probabilties)
  14. Recieving
    • S188 - recieving where stealin is sio >$300
    • S189 - Recieving where stealin is mio <300
    • S189A - recieving goods stolen outside NSW

    • The accused
    • Recieved, disposed of, attempted to dispose of
    • Property (D.O.T)
    • Property was subject of a SIO/MIO (depending on offence)
    • When the accused Recieved, disposed of, attempted to dispose of property, the accuse knew the property was stolen.
  15. What are the 2 different types of 'breaks' relevent to BE&S and their subtypes. Explain what they are
    • Actual break - Physically breaking the seal of the property
    • Constructive break - Built or created an environment that allowed the break to happen. 4 types of constructive breaks are outline below:
    • Key - Abusing rights/priviliges/responsibilities of having a key to a property by using it to gain unlawful entry
    • Fraud - Decieving way into dwelling/premises
    • Consipiricy - Someone on the 'inside' organissing .. shit
    • Threat -  threat or intimidating to gain entry

    Just remember - KFC is Tasty 
  16. List the offence and proofs of S112 CA
    • Break, enter, commit SIO (To Wit - larceny, damage destroy property etc) (+ circumstance of aggrevation if applicable)
    • The accused
    • Broke (List type of break)
    • Entered
    • Dwelling house or premises
    • Commites SIO  

     - List circumstances of aggrevation 
  17. What are the circumstances of aggrevation in respect of BE&S?
    • Accused enters knowing someone is home
    • More then one person enters
    • armed with an offensive impliment
    • they inflict corporal violance
    • influct actual bodily harm
    • deprive someone of their liberty 
  18. S148 - Offence and proofs
    • Steal from dwelling house - 
    • The accused
    • Stole (6 proofs of larceny)
    • From a dwelling house (Only dwelling, not premises)
    • (Circumstances of aggrevation dont apply) 
  19. S113 -offence and proofs
    • Break and enter with intent to commit SIO
    • The accused
    • Broke
    • Entered 
    • Dwelling house or premises
    • Intent to commit SIO
  20. Breaking out of dwellling house -
    • S109
    • The accused
    • Entered
    • Dwelling house
    • commits SIO or intendeds to commit SIO
  21. Entering a dwelling house
    • s111
    • The accused
    • Entered
    • a dwelling house (only)
    • Intent to commit SIO
  22. Armed with intent of committing a SIO
    • S114
    • The accused 
    • A - Remains/enters on building or land
    • B -  Armed with a weapon/instrument
    • C - possess house/car/safe breaking Impliments
    • D - face blackened or Disguised or possessing impliments to do so
    • With intent to commit SIO
  23. What are the circumstances of special aggrevation
    • Inflicts GBH
    • Armed with a dangerous weapon
  24. Damage and destroy property
    • S195
    • The accused
    • Intentionally or recklessly
    • Damaged or destroyed property
    • Property belonging to another, or to the accused and another
    • (Only defence is that the accused believed what he was doing was lawful)