Exam (elaborations)
ADPP LARCENY 338 – QUESTIONS WITH SOLUTIONS
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ADPP LARCENY 338 – QUESTIONS WITH SOLUTIONS
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ADPP LARCENY 338 – QUESTIONS WITH SOLUTIONSElements of Larceny Right Ans - 1. The accused (Need to confirm ID,
time,date and place of the accused)
2. Taking and carrying away of property (the property must be of value)
3. Belonging to another
4. Without consent
5. Without legal claim of right
6. Fraudulently
7. Intention to permanently deprive
Define taking and carrying away Right Ans - • Involves laying on the hands
• Amounts to a change of control
• Conceals an item, intending to walk out
• Legally it is known as asportation and requires on the slightest movement
• Item must be capable of being moved to be larceny
Define property Right Ans - • For property to be stolen it needs to be:
• Tangible- able to be touched
• Have Value
• Personal property
• Real property
What are the levels to belonging? Right Ans - • Control
• Ownership
• Possession
Define without consent Right Ans - • Actual- Expressed/ Implied
• Constructive- Finding/ Mistake/ Trick
What is Doctrine of recent possession Right Ans - A person, who has
possession of items so
soon after a stealing or break in has taken
place, and no other conclusion should be
reached by the court than that the person
is the thief, breaker or the guilty receiver
in the absence of an explanation
, What is required to prove the offence of larceny? Right Ans - • Statements
from witness/victim/owners
• Admissions or actions of the accused
• Exhibits
• CCTV
What is Section 112 Crimes Act 1900? Right Ans - Break, Enter and commit
serious indictable offence
What are the elements for Break, Enter and commit serious indictable offence
Right Ans - 1. The accused
2. Broke
3. Entered
4. Dwelling-house or other building
5. Committed a serious indictable offence
What are the types of breaks? Right Ans - • Actual Breaking: Involves
breaking the
seal of the premises, interfering with the
physical security.
• Constructive Breaking: (KFCT)
o KEY
o FRAUD
o CONSPIRACY
o THREAT
What are the circumstances of aggravation? Right Ans - (a) Armed with an
offensive weapon, or
instrument,
(b) Company of another person or persons,
(c) Uses corporal violence on any person,
(d) Intentionally or recklessly inflicts actual
bodily harm on any person,
(e) Deprives any person of his or her liberty,
(f) Knows that there is a Person, or that there
are persons, in the place where the offence is alleged to be committed.
Define offensive weapon or instrument Right Ans - (a) a dangerous
weapon, or
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