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Larceny Crimes

Larceny

Larceny is the legal term for what is commonly known as theft or stealing. It involves taking property without the owner’s consent, with the intent to permanently deprive them of it.

-Why Larceny is serious?

Larceny is considered a serious criminal. Beyond any fines or custodial sentences the court may impose, a conviction for larceny carries long-term consequences, particularly because it reflects dishonesty.

-What must the police prove?

To successfully convict a person of larceny, the police must establish the following elements beyond reasonable doubt:
1. The accused took and carried away – The law holds that even minimal movement can fulfill the requirements of “took and carried away,

2. Property capable of being stolen – property is defined as “every description of real and personal property; money, valuable securities, debts and legacies; and all deed and instruments relating to, or evidencing the title or right to any property, or giving a right to recover or receive any money or goods…”

3. That property belonged to another person – abandoned property cannot be stolen.

4. The owner did not consent to the taking of the property – This element can be satisfied if there is an absence of consent, as opposed to active opposition by the owner.

5. The accused had an intention to permanently deprive the owner of the property – This is determined on a case by case basis. What must be established is that the accused took the property for their own benefit.

6. The accused did not have a claim of right – If the person genuinely believed that they had a legal claim to the property, then they cannot be convicted of larceny.

7. The taking was done fraudulently or dishonestly – The taking of the property must be done “fraudulently” or “dishonestly.” In reality, the court will likely find that the taking was done fraudnelty if the court accepts that the property was taken without consent and without a claim of right.

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Penalties for larceny range from not recording a conviction to a sentence of full-time imprisonment. The court will consider the following factors in determining the ultimate penalty:
1. The type of property
2. The value of the property
3. Whether there was any planning involved
4. Whether the theft was part of organised criminal activity.
5. Whether the offender has a prior record
6. Whether the offender has mental health issues
7. Whether the offender is homeless
8. Whether the offender has shown remorse for their actions

-Will I get a criminal record for Larceny?

It is possible that a criminal conviction will be recorded. Larceny is a serious offence and the courts treat it as such through the penalties imposed on offenders.

-Is it possible to avoid a criminal conviction for a larceny charge?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.