Is Larceny an indictable matter or summary? (1 Viewer)

[elissa]

Is Larceny an indictable matter or summary?

I thought it would be summary because the case doesn't involve any violence or threat of violence to a person. But the Crimes Act 1900 (NSW) in Section 117 states:

"Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years. "

The case is about a 23yrold man been found with $15000 worth of electrical and white goods in a truck. Its obvious he did it-prints are all over the truck, the stolen goods and the factory(where the goods were stolen from. And in the person's wallet the police find a note from a well-known Melbourne criminal stating that he'd pay the guy $10 000 for the stolen goods.


So can anyone help me? Is it summary or indictable?

 

[AtOm]

the truth is out there....somewhere...

when it says in cases hereafter or otherwise provided for, it should give u a list of cases or at least guidelines as to specific requirements for larceny to be indictable or summary. well at least it should. However if u chuck this matter in ur essay it should boost ur marks a little.

 

[santaslayer]

I don't think stealing $15000 worth of goods is in anyway a summary offense?

 

[goan_crazy]

heres my legal advice

alrite
well u hav to look at the differences between an indictable offence and a summary offence
a summary offence is a less serious or minor offence
an indictable offence is a more serious offence
the jurisdiction of a summary offence is $0-40000
the jurisdiction of an indictable offence is >$750000
therefore it is a summary offence because it fits within its jurisdiction

hope that helps elissa

 

[elissa]

LOL - i posted this ages ago - i put in both arguments - and it worked

I got 50/50 i.e. 100% i was so happy!!

thanx all for the help!

 

[Jonathan A]

Is Larceny an indictable matter or summary?

I thought it would be summary because the case doesn't involve any violence or threat of violence to a person. But the Crimes Act 1900 (NSW) in Section 117 states:

"Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years. "

The case is about a 23yrold man been found with $15000 worth of electrical and white goods in a truck. Its obvious he did it-prints are all over the truck, the stolen goods and the factory(where the goods were stolen from. And in the person's wallet the police find a note from a well-known Melbourne criminal stating that he'd pay the guy $10 000 for the stolen goods.


So can anyone help me? Is it summary or indictable?

Its is a good question. In my knowledge, larceny can inlcude be very serious. Usually Petty theft is the term given to a summary offence of the sought.