The Criminal Assets Recovery Act 1990 provides for the confiscation of proceeds of crimes as a debt due to the Crown. This power can be used even if a criminal conviction has not been found. Further, a person may be summoned to appear before NSW Crime Commission to give evidence about proceeds of crime.
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This is where a person unlawfully demands property from another person in a menacing way.The definition of menace has been considered in R v Butler [2012] ATSCC 124 at [33] as a being a threat “of such nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand.”
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A break and enter occurs when the seal of a property is broken, before the property is entered. Breaking a seal involves compromising a property’s security by unlawfully entering the property when entry has been restricted. It does not matter if the property was left unlocked.
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Two separate situations can constitute robbery in company: where you are accompanied by another person or Where you are armed with a dangerous or offensive weapon. (This is an aggravated form of the offence, which means that it is more serious than simply being accompanied by another person.)
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Robbery is a hybrid offence containing elements of larceny and assault, and dealt with by section 94(a) of the Crimes Act. Stealing is a different offence that falls under section 94(b) of the Crimes Act 1900. It is where a person steals any chattel, money or valuable security from another person. It is robbery without the element of violence or threat of violence: R v Delk (1999) 46 NSWLR 340. EG. Bag snatching!
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Fraud, pursuant to s 192E of the Crimes Act 1900, captures a broad range of offending whereby a person using ‘any deception, dishonestly’: obtains property belonging to someone else; or obtains any financial advantage; or causes a financial disadvantage.
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The High Court of Australia has defined larceny in Illich v R (1987) HCA 1 as: A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.
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