Larceny
| Author | Mentor |
| Published date | 01 April 1959 |
| Date | 01 April 1959 |
| DOI | http://doi.org/10.1177/0032258X5903200208 |
| Subject Matter | Article |
"MENTOR"
Larceny
(concluded from page 213, Vol.
XXXI)
PARTICULAR
THINGS STOLEN (continued)
Gas: Where gas is fraudulently abstracted this is a felony.
Common Law.
Where gas is under control by piping, then if the accused
bum
same without it passing through the meter, that is larceny, R. v.
White (1853) Dears
c.c.
203.
c.c.n.
It is an indictable larceny, even though pecuniary penalties are
If
the taking has been continuous over a period of time the whole
quantity abstracted may be alleged in one indictment as having
been taken in one day,
R.
v. Firth (1869),
L.R.
I,
C.CR.
172.
Water: Water in a pond or in a running channel is not capable
of being stolen, because it is not anyone's property, but water
supplied by a water company to the consumers in pipes at a fixed
price if wrongfully taken is the subject of larceny, Ferens v. O'Brien
(1883),
11
Q.B.D. 21.
PLACE
FROM
WHICH STOLEN
Larceny from the Person: Every person who steals any chattel,
money, or valuable security from the person of another. Felony.
(a) Attempt:
If
a person puts his hand into an empty pocket of
another with intent to steal, he may be convicted of attempting to
steal, R. v. Brown (1889), 24 Q.B.D. 357.
(b) Not from Person: To take a wallet containing money from the
pocket of a jacket temporarily discarded by another would not be
larceny from the person, but simple larceny. Neither (1) to take
a purse from a shopping basket left on a counter, or (2) the purse
from the basket when carried in the hand, but (3) to snatch away
the basket without undue resistance or violence would be larceny
from the person of the basket and purse.
(c) Partial Removal: Any removal of property from the person,
even a hair's breadth will suffice, R. v. Simpson (1854) Dears, 421,
124
The
Police Journal
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