Larceny - Legal Affairs

1 Current Authorised PagesPagesAuthorised(inclusive) by Act10 of 1919 Amended by29 of 192520 of 193625 of 193614 of 193936 of 1951172/196152 of 1976136/197645 of 197917 of 198928 of 199621 of 200319 of 2005 LAWS OF TRINIDAD AND TOBAGOLARCENY ACTCHAPTER 11:12 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal on Subsidiary LegislationThis Chapter contains no subsidiary 11:12 LarcenyLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 11:123 LAWS OF TRINIDAD AND CHAPTER 11:12 Larceny ACTARRANGEMENT OF SECTIONSSECTION1. Short Simple Larceny of or interference with motor Larceny of Killing animals with intent to Larceny , etc.

2 , of Larceny of Larceny of documents of title to land and other Legal Damaging fixtures, trees, etc., with intent to , etc., of ore from mines, mineral oil, Larceny of postal articles, Larceny in dwelling Larceny from the Larceny from ships, docks, Larceny by tenants or and embezzlement by clerks or Stealing or embezzlement by employee of Trinidad and Tobago Conversion by Factors obtaining advances on the property of their (Repealed by Act No. 17 of 1989).26. Housebreaking and committing arrestable Housebreaking with intent to commit an arrestable Being found by night armed or in possession of VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal OF SECTIONS ContinuedSECTION31.

3 Demanding money, etc., with to defraud or Demanding with menaces, with intent to Threatening to publish, with intent to False obtaining credit or disposing of goods stolen outside Trinidad and of persons Arrest without on Search disclosure in civil disclosure in Possible verdicts on charges of embezzlement, Larceny , or of to purchaser from moneys found on Offences punishable on summary Corruptly taking a 11:12 LarcenyLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 11:125 LAWS OF TRINIDAD AND 1950 4 No. of 47 11:12 Larceny ACTAn Act relating to Larceny and Kindred Offences triable onindictment.[19 THMAY1919] Act may be cited as the Larceny (1) In this Act document of title to goods includes any bill of lading, Indiawarrant, dock warrant, warehousekeeper s certificate, warrantor order for the delivery or transfer of any goods or valuablething, bought or sold note, or any other document used in theordinary course of business as proof of the possession orcontrol of goods, or authorising or purporting to authorise,either by endorsement or by delivery, the possessor of suchdocument to transfer or receive any goods thereby representedor therein mentioned or referred to.

4 Document of title to lands includes any State grant, certificateof title, instrument, Deed, map, roll, register, paper orparchment, written or printed, or partly written and partlyprinted, being or containing evidence of the title, or any partof the title, to any real estate or to any interest in or out ofany real estate; mail , mail bag , employee of Trinidad and Tobago Post , postal article , Trinidad and Tobago Post and in courseof transmission by post have the same meanings in this Actas in the Post Office Act; night means the interval between eight o clock in the eveningand five o clock in the morning of the next succeeding day; property includes any description of real and personal property,money, debts and legacies, and all Deeds and instrumentsrelating to or evidencing the title or right to any property, orgiving a right to recover or receive any money or goods, andalso includes not only such property as has been originallyUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal Steals.

5 In the possession or under the control of any person, but alsoany property into or for which the same has been convertedor exchanged, and anything acquired by the conversion orexchange, whether immediately or otherwise; trustee means a trustee on some express trust created by someDeed, Will or instrument in writing, and includes the heir orpersonal representative of any such trustee and any otherperson upon or to whom the duty of the trust has devolvedor come, and also an executor and administrator, and anOfficial Receiver, assignee, liquidator or other like officeracting under any present or future Act relating to companiesor bankruptcy; valuable security includes any writing entitling or evidencingthe title of any person to any share or interest in any publicstock, annuity, fund or debt of any Commonwealth countryor of any foreign State, or in any stock, annuity, fund or debtof any body corporate, company or society, whether withinor without any Commonwealth country, or to any deposit inany bank, and also includes any scrip, debenture, bill, note,warrant, order or other security for payment of money, orany accountable receipt, release or discharge, or any receiptor other instrument evidencing the payment of money, or thedelivery of any chattel personal, and any document of titleto lands or goods as defined above.

6 (2)The expression dwelling house does not include abuilding although within the same curtilage with any dwelling houseand occupied therewith unless there is a communication between thebuilding and dwelling house, either immediate or by means of acovered and enclosed passage leading from one to the the purposes of this Act (a)a person steals who, without the consent of theowner, fraudulently and without a claim of rightmade in good faith, takes and carries awayanything capable of being stolen, with intent, atthe time of the taking permanently to deprive the6 Chap. 11:12 LarcenyLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 11:127 LAWS OF TRINIDAD AND Takes . Carries away . Owner . thereof; but a person may be guilty ofstealing any such thing notwithstanding that hehas lawful possession thereof if, being a baileeor part owner thereof, he fraudulently convertsthe same to his own use or the use of any personother than the owners;(b)the expression takes includes obtaining thepossession (i) by any trick;(ii) by intimidation;(iii) under a mistake on the part of the ownerwith knowledge on the part of the takerthat possession has been so obtained;(iv) by finding, where at the time of the findingthe finder believes that the owner can bediscovered by taking reasonable steps.

7 (c)the expression carries away includes anyremoval of anything from the place which itoccupies, but, in the case of a thing attached,only if it has been completely detached;(d)the expression owner includes any partowner, or person having possession or controlof, or a special property in, anything capable ofbeing stolen;(e)everything which has value and is the propertyof any person, and if adhering to the realty thenafter severance therefrom, is capable of beingstolen except that (i)save as expressly provided below withrespect to fixtures, growing things, orefrom mines and mineral oils, anythingattached to or forming part of the realty isnot capable of being stolen by the personwho severs the same from the realty,unless after severance he has abandonedpossession thereof; andUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal orinterferencewithmotorvehicles.

8 [17 of 1989].Ch. 48 4 ofcattle. Cattle .(ii) the carcase of a creature wild by nature andnot reduced into possession while living isnot capable of being stolen by the personwho has killed the creature, unless afterkilling it he has abandoned possession ofthe for which no special punishment is providedunder this or any other Act for the time being in force shall besimple Larceny and punishable with imprisonment for five (1) Any person who (a)steals a motor vehicle;(b)with intent to steal, removes, obliterates, defaces,tampers with or renders in any way illegible oralters the engine number or chassis number of amotor vehicle; or(c)without the consent of the owner, repaints or altersin any way the appearance of a motor vehicle; or(d)receives, or is in possession of, a motor vehicleknowing the same to have been stolen,is liable upon summary conviction to imprisonment for tenyears and upon conviction on indictment to imprisonment forfifteen years.

9 (2)In this section the term motor vehicle shall havethe same meaning ascribed to it under the Motor Vehicles andRoad Traffic Act.(3) The penalty on summary conviction provided in thissection shall have effect notwithstanding the provisions containedin subsection (5) of section 100 of the Summary Courts person who steals any cattle is liable toimprisonment for seven this section, the term cattle includes horses, asses, mules,kine, sheep, goats and swine, as well as all horned 11:12 LarcenyLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 11:129 LAWS OF TRINIDAD AND Killing animalswith intent , etc., ofdocuments oftitle to land andother person who wilfully kills any animal with intent tosteal the carcase, skin, or any part of the animal killed is liable tothe same punishment as if he had stolen the animal, provided thatthe offence of stealing the animal so killed would have amountedto an arrestable person who (a)steals any dog after a previous summaryconviction of any such offence;(b)unlawfully has in his possession or on hispremises any stolen dog, or the skin thereof,knowing the dog or skin to have been stolen,after a previous summary conviction of anysuch offence.

10 Or(c)corruptly takes any money or reward, directly orindirectly, under pretence or upon such accountof aiding any person to recover any stolen dog,or any dog which is in the possession of anyperson not being the owner thereof,is liable to imprisonment for eighteen person who steals any Will, codicil, or othertestamentary instrument, either of a dead or of a living person, isliable to imprisonment for ten person who steals the whole or any part of (a)any document of title to lands;(b)any record, writ, return, panel, petition, process,interrogatory, deposition, affidavit, rule, order,warrant of attorney, or any original document ofor belonging to any Court of record or relatingto any cause or matter, civil or criminal, begun,pending or terminated in any such Court; or(c)any original document relating to the business ofany office or employment under the State, andbeing or remaining in any office appertaining toany Court of Justice, or in any Governmentbuilding or public office,is liable to imprisonment for five VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal , trees,etc.