LAWS5004 Study Guide - Final Guide: Goulburn, New South Wales, William Gummow, Assault Occasioning Actual Bodily Harm
Document Summary
Law in the books vs law in the courts - indictment vs summary jurisdiction. The expectation that is communicated through legal texts vs the reality of criminal process: case law vs the reality of property crime - underreporting and low clearance rates. In illich their honours emphasised that larceny is a crime against possession of property. It can be misleading to describe the victim as the owner. In some circumstances an owner can be a thief. Larceny remains a common law offence in nsw, thus the crimes act 1900 merely stipulates the maximum penalty: Crimes act 1900 (nsw) s 117 - punishment for larceny. Whosoever commits larceny, or any indictable offence by this act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years. The taking is done without consent of the possessor away is. The property is taken without any claim of right taken with an intention to.
