The Larceny Act
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
LAW-112 Criminal Law II Department: Law Host Institution: University of Nicosia, Nicosia, Cyprus
Global Learning Semesters Course Syllabus Course: LAW-112 Criminal Law II Department: Law Host Institution: University of Nicosia, Nicosia, Cyprus Course Summary Course Code Course Title Recommended Credit Hours LAW-112 Criminal Law II 3 Semester Offered Contact Hours Prerequisites Please contact us 42-45 LAW-111 Department Level of Course Language of Instruction Law Lower Division English Course Description The course offers a comprehensive introduction and invaluable foundation to the subject of Criminal Law, focusing primarily on the relevant salient principles fundamental to criminal liability and the current state of the law in the specific areas of study as laid down in the syllabus topics set forth hereunder. Within this context, the key aim of the course is to develop a sound understanding of legal method with particular emphasis on the ability to adopt an effective analytical approach with a view to identifying specific criminal conduct/issues, and applying the general principles of Criminal Law to given hypothetical situations and scenarios with reference to relevant case authority, applicable legislation and/or the opinions of recognised legal commentators and academics. Prerequisites LAW-111 Topic Areas 1. Inchoate/Anticipatory Offences: Incitement, Conspiracy, Attempt. 2. Homicide. Murder, Manslaughter (Voluntary and Involuntary). 3. Non-Fatal Offences Against the Person. Assault and Battery, Aggravated Assaults: (Assault with intent to resist arrest (assault on, resistance to, or obstruction of constables), Assault occasioning actual badily harm, Wounding and grievous bodily harm, Administering Poison, False Imprisonment, Kidnapping, Harassment. 4. Theft and Related Offences: Theft, Abstracting Electricity, Robbery, Offences involving deception, Making off without payment, Temporary deprivation, Blackmail, Burglary and aggravated burglary, Going equipped, Handling stolen goods. -
Further Breakdowns of Cautions
Statistical Notice Further breakdowns of cautions 30 September 2013 Background This ad-hoc statistical notice presents additional analysis on the use of adult cautions, and has been produced as supporting evidence for the Adult Simple Cautions Review. It provides further breakdowns of already published information on cautions in the format of: Indictable only offences: these offences are the most serious breaches of the criminal law such as violent and sexual offences and robbery, which are ordinarily tried at the Crown Court before a judge and jury. Triable either way offences: these offences include criminal damage where the value is £5,000 or greater, theft, burglary and drink driving and may be heard either at a magistrates’ court or tried at the Crown Court. Summary offences: These offences include common assault and criminal damage up to £5,000 and are usually heard only by a magistrates’ court. A simple caution can be administered when there is sufficient evidence to provide a realistic prospect of a conviction but it is not considered to be in the public interest to institute criminal proceedings. It aims to divert offenders away from court, and to reduce the likelihood that they will offend again. Cautions are intended for low level, often first time, offending. Additionally, the offender must admit guilt and consent to a caution in order for one to be given. The offender will be officially warned about the unacceptability of their behaviour, that the simple caution forms part of their criminal record and may be disclosed, and the likely consequences of committing further crimes will be explained. -
Virginia Model Jury Instructions – Criminal
Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. -
Theft Offences Response to Consultation 1
Theft Offences Response to Consultation RESPONSE CONSULTATION October 2015 Theft Offences Response to Consultation 1 Contents Foreword 2 Introduction 3 Approach 5 Culpability 7 Harm 12 Aggravating factors 16 Mitigating factors 18 Sentence levels 19 Next steps 21 Annex A: Consultation questions 22 Annex B: Consultation respondents 25 © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. 2 Theft Offences Response to Consultation Foreword On behalf of the Sentencing Council I would As a result of this work, the general approach like to thank all those who responded to the outlined in the consultation has been consultation on theft offences, and those who maintained, but a number of amendments have attended the consultation events. I would like to been made, principally to the assessment of make particular mention of the members of the harm within certain theft offences. The Council judiciary who gave their time to participate in wished to ensure that any additional harm the considerable research exercise undertaken caused to victims of theft could be taken into to inform the development of these guidelines. account by courts where appropriate, but that the process for assessing this harm should be As with all Sentencing Council consultations, clearer than the one outlined in the consultation. -
Criminal Law: Conspiracy to Defraud
CRIMINAL LAW: CONSPIRACY TO DEFRAUD LAW COMMISSION LAW COM No 228 The Law Commission (LAW COM. No. 228) CRIMINAL LAW: CONSPIRACY TO DEFRAUD Item 5 of the Fourth Programme of Law Reform: Criminal Law Laid before Parliament bj the Lord High Chancellor pursuant to sc :tion 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 6 December 1994 LONDON: 11 HMSO E10.85 net The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 LAW COMMISSION CRIMINAL LAW: CONSPIRACY TO DEFRAUD CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 A. Background to the report 1. Our work on conspiracy generally 1.2 1 2. Restrictions on charging conspiracy to defraud following the Criminal Law Act 1977 1.8 3 3. The Roskill Report 1.10 4 4. The statutory reversal of Ayres 1.11 4 5. Law Commission Working Paper No 104 1.12 5 6. Developments in the law after publication of Working Paper No 104 1.13 6 7. Our subsequent work on the project 1.14 6 B. A general review of dishonesty offences 1.16 7 C. Summary of our conclusions 1.20 9 D. -
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving -
Larceny Embezzlement Theft
COLLECTOR’S INK October/November 2009 • Volume LIV, No. 8 LARCENY EMBEZZLEMENT THEFT by Jerry Muto, CAC’s CPA y assignment in this article is to discuss the “E” ing” until they can eventually pay back the amounts taken word – Embezzlement. So why, in the title, did I through their shrewd financial maneuvering. put the words larceny and theft? Larceny and theft M People and families all over the world have been affected are both defined as thievery and an embezzler is a thief; by the recent world economic melt-down, and in some cas- these definitions are linked in a Thesaurus to one another es, do not see any solution to their own economic problems (reference embezzle, larceny, theft). outside of embezzlement. People are being pushed to their I wrote a “teaser” article in the September 2002 Collector’s financial and economic limits with, in their mind, no hope Ink labeled “Hot Topic: Embezzlement” which was designed for financial recovery. A good example is where one or to stimulate interest in a workshop presented at the 2002 both working members of a family lose their jobs because CAC Annual Convention & Expo. The text in that “teaser” of company layoffs or the company going out of business. article is still applicable today and maybe even more so. They have no economic or financial safety valve to rely on To save you from trying to retrieve your archive copy of the because they may have been living from paycheck-to-pay- Collector’s Ink issue referenced, or calling the CAC office check. -
Group “A” Offenses Group “B” Offenses
Group “A” Offenses Group “B” Offenses Group B’s MUST have an arrest to be NIBRS Reportable NIBRS NIBRS NIBRS OFFENSES CODES NIBRS OFFENSES CODES NIBRS NIBRS Arson 200 Human Trafficking NIBRS OFFENSES CODES NIBRS OFFENSES CODES -Commercial Sex Acts 64A Assault Offenses -Involuntary Servitude 64B Bad Checks 90A Family Offenses, Non- 90F -Aggravated Assault 13A Violent -Simple Assault 13B Kidnapping/Abduction 100 -Intimidation 13C Curfew/Loitering/Vagrancy 90B Liquor Law Violations 90G Larceny/Theft Offenses Violations Bribery 510 -Pocket Picking 23A -Purse Snatching 23B Disorderly Conduct 90C Peeping Tom 90H Burglary/B&E 220 -Shoplifting 23C -Theft from Building 23D Driving Under the Influence 90D Trespassing 90J Counterfeiting/Forgery 250 -Theft from Coin-Operated Machine 23E or Device Drunkenness 90E All Other Offenses 90Z -Theft from Motor Vehicle 23F Destruction/Damage/Vandalism of 290 -Theft of Motor Vehicle Parts or 23G Property Accessories Source: Association of State Uniform Crime Reporting Programs (ASUCRP). Accessed on June 6, 2014. -All Other Larceny 23H Drug/Narcotic Offenses -Drug/Narcotic Violations 35A Motor Vehicle Theft 240 -Drug/Narcotic Equip. Violations 35B Pornography/Obscene Material 370 Embezzlement 270 Prostitution Offenses Extortion/Blackmail 210 -Prostitution 40A -Assisting or Promoting Prostitution 40B Fraud Offenses -Purchasing Prostitution 40C -False Pretenses/Swindle/ Confidence 26A Games -Credit Card/Automatic Teller Machine 26B Robbery 120 Fraud -Impersonation 26C -Welfare Fraud 26D Sex Offenses (Forcible) -Wire Fraud 26E -Forcible Rape 11A -Forcible Sodomy 11B -Sexual Assault with An Object 11C Gambling Offenses -Forcible Fondling 11D -Betting/Wagering 39A Sex Offenses (Non-Forcible) -Operating/Promoting/ Assisting 39B -Incest 36A Gambling -Gambling Equip. -
Federal Mandatory Minimum Sentencing Statutes
Federal Mandatory Minimum Sentencing Statutes Charles Doyle Senior Specialist in American Public Law September 9, 2013 Congressional Research Service 7-5700 www.crs.gov RL32040 Federal Mandatory Minimum Sentencing Statutes Summary Federal mandatory minimum sentencing statutes limit the discretion of a sentencing court to impose a sentence that does not include a term of imprisonment or the death penalty. They have a long history and come in several varieties: the not-less-than, the flat sentence, and piggyback versions. Federal courts may refrain from imposing an otherwise required statutory mandatory minimum sentence when requested by the prosecution on the basis of substantial assistance toward the prosecution of others. First-time, low-level, non-violent offenders may be able to avoid the mandatory minimums under the Controlled Substances Acts, if they are completely forthcoming. The most common imposed federal mandatory minimum sentences arise under the Controlled Substance and Controlled Substance Import and Export Acts, the provisions punishing the presence of a firearm in connection with a crime of violence or drug trafficking offense, the Armed Career Criminal Act, various sex crimes include child pornography, and aggravated identity theft. Critics argue that mandatory minimums undermine the rationale and operation of the federal sentencing guidelines which are designed to eliminate unwarranted sentencing disparity. Counter arguments suggest that the guidelines themselves operate to undermine individual sentencing discretion and that the ills attributed to other mandatory minimums are more appropriately assigned to prosecutorial discretion or other sources. State and federal mandatory minimums have come under constitutional attack on several grounds over the years, and have generally survived. -
Lesser Included Offenses in Oklahoma Chris Blair [email protected]
University of Tulsa College of Law TU Law Digital Commons Articles, Chapters in Books and Other Contributions to Scholarly Works 1985 Lesser Included Offenses in Oklahoma Chris Blair [email protected] Follow this and additional works at: http://digitalcommons.law.utulsa.edu/fac_pub Part of the Law Commons Recommended Citation 38 Okla. L. Rev. 697 (1985). This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Articles, Chapters in Books and Other Contributions to Scholarly Works by an authorized administrator of TU Law Digital Commons. For more information, please contact [email protected]. LESSER INCLUDED OFFENSES IN OKLAHOMA CHRISTEN R. BLAIR* Introduction The lesser included offense doctrine in criminal law generally allows the trier of fact to convict a defendant of an offense that is less serious than the offense with which he was charged in the accusatory pleading.' While the doctrine originally developed as an aid to the prosecution when there was insufficient evidence to convict on the charged offense,2 today it is more often used by defendants seeking a conviction for an offense less serious than that actually charged.3 Regardless of who invokes the doctrine in a criminal trial, however, its application has caused considerable confusion among courts and commentators alike.4 Commentators have called it a "Gordian Knot" 5 and a "many-headed hydra." ' 6 The Florida Supreme Court has stated: "The doc- trine [of lesser included offense] is one which has challenged the effective administration of criminal justice for centuries," 7 while the District of Col- umbia Circuit Court of Appeals has said that the doctrine "[is] not without difficulty in any area of the criminal law." 8 The primary cause of this confu- sion is the existence of several different definitions of a lesser included offense, sometimes even within the same jurisdiction. -
Crimes Against Property
9 CRIMES AGAINST PROPERTY Is Alvarez guilty of false pretenses as a Learning Objectives result of his false claim of having received the Congressional Medal of 1. Know the elements of larceny. Honor? 2. Understand embezzlement and the difference between larceny and embezzlement. Xavier Alvarez won a seat on the Three Valley Water Dis- trict Board of Directors in 2007. On July 23, 2007, at 3. State the elements of false pretenses and the a joint meeting with a neighboring water district board, distinction between false pretenses and lar- newly seated Director Alvarez arose and introduced him- ceny by trick. self, stating “I’m a retired marine of 25 years. I retired 4. Explain the purpose of theft statutes. in the year 2001. Back in 1987, I was awarded the Con- gressional Medal of Honor. I got wounded many times by 5. List the elements of receiving stolen property the same guy. I’m still around.” Alvarez has never been and the purpose of making it a crime to receive awarded the Congressional Medal of Honor, nor has he stolen property. spent a single day as a marine or in the service of any 6. Define forgery and uttering. other branch of the United States armed forces. The summer before his election to the water district board, 7. Know the elements of robbery and the differ- a woman informed the FBI about Alvarez’s propensity for ence between robbery and larceny. making false claims about his military past. Alvarez told her that he won the Medal of Honor for rescuing the Amer- 8.