LAW109 Lecture Notes - Lecture 9: Larceny, Fungibility, Claim Of Right Act 1689
15 Mar 2020
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Ownership; legal owner exerts exclusive proprietary rights over property. Possession; usually demonstrates right to legally exclude others from access to property. Custody or control; when there is the manual keeping of the property (e. g. when an employee takes possession of equipment to do a job) Involves taking and carrying away (asportation: common law offence of larceny (ilich) Applies to tangible property (see also s 134: statutory offence of fraud (s 192e; ss 192b-d) Fraud is a crime against ownership, possession or control. Larceny was (and remains) an offence against possession. Originally concerned with preventing disturbances in public order fear of having property possession disturbed via force not about private property ownership. Pre-late 18th century england, most larcenies were capital crimes. Accused received property (property must be within their control) Knowledge that property was stolen at time received (subjective) Crimes act s 527c unlawfully in possession of property".
