PPP115 (2) Ben

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

• Ownership - Propert MUST have an owner
• Control - manual custody or exclusive right to control 
• Possession - mintain right to the property after giving up control

• 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)

S156 CA (After the till)

• The accused
• Clerk or servant of a master/employer
• Stole (6 Proofs of larceny
• Property BELONGED to master/employer 

• S157 CA (Before the till)
• The accused
• Clerk or servant of victim
• Recieved property on behalf of master/employer
• Fraudently embezzled that property

• 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) 

• 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
•  

• 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)
•  

• S253 CA
• The accused
• Made a false document 
• Intent to induce victim to accept it as genuine

• S254 CA
• The accused
• Used a false document
• Intent to induce victim to accept it as genuine 

• S154F (F for .. ford?)
• The accused
• Stole (6 elements of larceny)
• a motor vehicle or vessel 

• 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) 

• 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)

• 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.

• 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 

• 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 

• 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 

• Steal from dwelling house - 
• The accused
• Stole (6 proofs of larceny)
• From a dwelling house (Only dwelling, not premises)
• (Circumstances of aggrevation dont apply) 

• Break and enter with intent to commit SIO
• The accused
• Broke
• Entered 
• Dwelling house or premises
• Intent to commit SIO

• S109
• The accused
• Entered
• Dwelling house
• commits SIO or intendeds to commit SIO

• s111
• The accused
• Entered
• a dwelling house (only)
• Intent to commit 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

• Inflicts GBH
• Armed with a dangerous weapon

• 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)