Financial Crime Definitions in the Solomon Islands: A Look into Larceny

This article provides an overview of the offense of Larceny as outlined in the Solomon Islands Penal Code.

Background

• Chapter 22 of the Penal Code in PacLII focuses on Larceny.
• Interpreted in accordance with English criminal law principles.
• Reference to the Larceny Act 1916 in the UK is crucial.

Definition of Larceny

According to Section 261 of the Penal Code, simple larceny refers to the theft of anything not covered by other special provisions in the code or other acts.

Elements

A larceny charge should include:

1. Defendant’s name
2. Place and date of offense
3. Stolen items
4. Complainant’s name

Aggravating Circumstances

• Previous felony or misdemeanor convictions increase sentences.
• charging document should state previous conviction without providing details.

Constituent Elements of Larceny

The Defendant

Identity of the person committing the theft.

The Place and Date of the Offense

Specific location and time of the theft.

Items Capable of Being Stolen

Anything that can be taken without the owner’s consent.

Taking

The term “takes” covers various methods, including:

1. Possession through trickery, intimidation, or under a mistaken belief.
2. Finding an item and believing that the owner can be discovered.

(Russell v Smith [1957] 41 CrAppR 198)

Conclusion

Understanding the concept of Larceny is essential for anyone involved in the Solomon Islands’ legal system. This article has outlined its definitions, constituent elements, and aggravating circumstances as given in the Penal Code.