LLB180 Final: Scaffold - How to answer an exam question on – Larceny
Scaffold for Week 3 – Larceny & Others
Larceny
• Crimes Act s 117
Illich (CB 965):
Larceny is committed by a person who, without the consent of the owner, fraudulently and
without claim of right made in good faith, takes and carries away anything capable of being
stolen with intent at the time of such taking permanently to deprive the owner thereof
Actus Reus:
1. Property capable of being stolen (Croton)
- Must be tangible and moveable
- Not land – can’t be taken and carried away
- Not fixtures
- Not wild animals
2. That is in the possession of someone other than the defendant
- Possession = physically in X’s control at a time & intending to maintain control
3. Taking and carrying it away (“asportation”)
- Asportation: physical removal - slightest movement sufficient (Wallis v Lane)
- Must be positive act by D, not intention or omission (Potisk)
4. Without the consent of the person who was in the possession
- General rule: property taken against the will of the possessor → where there is
consent to the taking there is no larceny
Mens Rea:
1. Intent to permanently deprive
- Mere temporary appropriation is not sufficient
- Borrowing without consent is not larceny (Phillips and Strong)
- Assuming rights of ownership is larceny even though you intend to return it
(Foster)
2. Without a claim of right
- Genuine belief in a claim of legal right is inconsistent with commission of larceny
- Belief of legal entitlement NOT moral entitlement to the property
3. Dishonestly/fraudulently
- Feely (p 980) – jurors ‘apply current standards of ordinary decent
people’→followed in Peters
Also see:
• Is there an intention to return the property?
• Is there an assumption of right of ownership?
• Is there a claim of right?
Document Summary
Scaffold for week 3 larceny & others. Actus reus: property capable of being stolen (croton) Not land can"t be taken and carried away. Not wild animals: that is in the possession of someone other than the defendant. Possession = physically in x"s control at a time & intending to maintain control: taking and carrying it away ( asportation ) Asportation: physical removal - slightest movement sufficient (wallis v lane) Must be positive act by d, not intention or omission (potisk: without the consent of the person who was in the possession. General rule: property taken against the will of the possessor where there is consent to the taking there is no larceny. Borrowing without consent is not larceny (phillips and strong) Assuming rights of ownership is larceny even though you intend to return it (foster: without a claim of right. Genuine belief in a claim of legal right is inconsistent with commission of larceny.
