Concept

Larceny

Résumé

Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force. The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent and without intending to return it. The word "larceny" is a late Middle English word, from the French word larcin, "theft". Its probable Latin root is latrocinium, a derivative of latro, "robber" (originally mercenary). In the state of New South Wales, the common law offence of larceny is punishable with up to 5 years' imprisonment. Whilst section 117 of the New South Wales Crimes Act (1900) specifies the punishment for larceny, it is silent on the elements of the offence, leaving them to be articulated by the common law. The leading authority on larceny in NSW is the High Court of Australia case of Ilich v R (1987). This case stipulates the mens rea and actus reus elements required to be proven by the prosecution for a successful conviction. The common law offence of larceny was abolished on 1 August 2002. However, proceedings for larceny committed before its abolition are not affected by this. The common law offence of larceny was codified by the Larceny Act 1916. It was abolished on 1 January 1969, for all purposes not relating to offences committed before that date. It has been replaced by the broader offence of theft under section 1(1) of the Theft Act 1968. This offence did incorporate some of the terminology and substance of larceny. Despite the offence's being abolished in England, it has been retained in the Crown Dependency of Jersey.

Source officielle

https://en.wikipedia.org/wiki/Larceny

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