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Criminal  Law
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Criminal Law

200010 - Criminal Law

63 Pages Western Sydney University Complete Study Notes Year Uploaded: 2018

• The relevant section of the Crimes Act 1900 (NSW) for larceny is s 117. • However, s 117 merely stipulates the maximum penalty for the offence. As such, we must turn to the common law to find its elements. • The elements of larceny were summarised by Wilson and Dawson JJ in Ilich (1987): At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without a 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… • This summary can be arranged into the traditional actus reus/mens rea dichotomy in the following way: LA


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