Blog

WHAT IS LARCENY?

WHAT IS LARCENY(1)
Blog

WHAT IS LARCENY?

Under the NSW Crimes Act 1900, Section 117 defines larceny as the act of wrongfully taking and carrying away someone else’s personal property with the intention to permanently deprive the owner of that property. In simpler terms, it refers to the unlawful and intentional theft of another person’s belongings.

Under the NSW Crimes Act 1900, Section 117, the prosecution needs to establish the following elements to prove the offense of larceny:

Taking: The accused must have taken possession or control of the property. It can be physical removal, as well as exerting control over the property.

Carrying away: The property must be moved, even if it's just a slight distance or change in location. It is not necessary for the property to be taken a significant distance.

Personal property: The property in question must be personal property, which includes tangible objects such as money, goods, or possessions.

Belonging to another person: The property must belong to someone other than the accused. It can be owned by an individual, a corporation, or an entity.

Absence of lawful claim: The accused must not have a lawful claim to the property. If they have a legitimate right to possess or control the property, it may not be considered larceny.

Intention to permanently deprive: The accused must have the intention to permanently deprive the owner of their property. This means they have no intention of returning the property to the owner.

To secure a conviction for larceny, the prosecution must prove all of these elements beyond a reasonable doubt.

Leave your thought here

Your email address will not be published. Required fields are marked *