Is larceny a summary or an indictable offense? (1 Viewer)

[strawberries122]

Doesn't it really depend on how much and what is stolen?

 

[enoilgam]

Doesn't it really depend on how much and what is stolen?

Essentially yes - larceny is a very broad topic and it is usually split up into a variety of catagories by the legal system. So, I guess you can argue that it can be either depending on the specific facts of the case and the charges brought against the defendant.

 

[strawberries122]

So, for example stealing millions of dollars would clearly be indictable, while stealing a piece of chewing gum from a store would be a summary offense...like that?

 

[enoilgam]

So, for example stealing millions of dollars would clearly be indictable, while stealing a piece of chewing gum from a store would be a summary offense...like that?

Pretty much - unlike most other crimes, larceny can range quite significantly in severity.

 

[strawberries122]

Yeah, that was pretty much what I was getting at. I was also wondering; how come kidnapping isn't listed in the syllabus as an offense against the person? Was it there before and taken out?

 

[enoilgam]

Yeah, that was pretty much what I was getting at. I was also wondering; how come kidnapping isn't listed in the syllabus as an offense against the person? Was it there before and taken out?

I'm not too sure - kidnapping should be there it's one of the main offences.

 

[wogboy23]

Larceny is summary because it is basically taking things without returning them. If it turns out to be a large amount of cash/property stolen, and a more indictable offence, it would then come under robbery. Cheers.

 

[funstudy]

Note this isn't a major issue because this would only come up in MC- but typically it would be a summary offence

 

[aekryan]

No. Larceny by definition is purely a summary offense. Strictly on the topic of offenses against property, robbery (aggravated or other wise) and breaking and entering are indictable offenses.

 

[enoilgam]

Well, from memory, summary offences are only punishable by a maximum of 2 years imprisonment. If an offence has a penalty above 2 years jail, then it is indictable. According to Section 177 of the Crimes Act 1900 “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.” So from that I would say that larceny can be indictable

However, overall though the law isnt straightforward on this - remember, things like shoplifting and even armed robbery are all forms of larceny. They have just been divided into seperate catagories because there is a disparity between the severity of certain offences which fall under larceny.

 

[Focus is Key]

As mentioned before, lacerny as a summary or indictable offence depends on severity