Larceny Act, 1990

JurisdictionIreland
CitationIR No. 9/1990
Year1990


Number 9 of 1990


LARCENY ACT, 1990


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Amendment of section 28 of Principal Act.

3.

Amendment of section 33 of Principal Act.

4.

Amendment of section 40 of Principal Act.

5.

Repeal of section 43 (1) of Principal Act.

6.

Amendment of section 44 of Principal Act.

7.

Scope of offences relating to stolen property.

8.

Alternative verdicts.

9.

Alteration of certain penalties under Principal Act.

10.

Amendment of Post Office Act, 1908.

11.

Amendment of Defence Act, 1954.

12.

Repeals, etc.

13.

Commencement and transitional provisions.

14.

Short title, collective citation and construction.


Acts Referred to

Defence Act, 1954

1954, No. 18

Larceny Act, 1916

1916, c. 50

Post Office Act, 1908

1908, c. 48

Prevention of Crimes Act, 1871

1871, c. 112

Road Traffic Act, 1961

1961, No. 24

Vagrancy Act, 1824

1824, c. 83


Number 9 of 1990


LARCENY ACT, 1990


AN ACT TO AMEND THE LARCENY ACT, 1916, THE POST OFFICE ACT, 1908, AND THE DEFENCE ACT, 1954 , AND TO PROVIDE FOR RELATED MATTERS. [22nd May, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act “the Principal Act” means the Larceny Act, 1916 .

(2) A reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended, extended or applied by or under any other enactment including this Act.

Amendment of section 28 of Principal Act.

2.—The Principal Act is hereby amended by the substitution for section 28 of the following section:

“Possession of articles.

28. (1) A person who is, when not at his place of abode, in possession of any article with the intention that it be used in the course of or in connection with—

(a) larceny or burglary, or

(b) an offence under section 29, 30, 31 or 32 of this Act, or

(c) an offence under section 112 (which deals with taking a vehicle without lawful authority) of the Road Traffic Act, 1961 ,

shall be guilty of felony and be liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine or to both.

(2) A person who is, without lawful authority or reasonable excuse, in possession of any article made or adapted for use in the course of or in connection with—

(a) larceny or burglary, or

(b) an offence under section 29, 30, 31 or 32 of this Act, or

(c) an offence under section 112 (which deals with taking a vehicle without lawful authority) of the Road Traffic Act, 1961 ,

shall be guilty of felony and be liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine or to both.

(3) Where a person is convicted of an offence under this section, the court may order that any article for the possession of which he was so convicted shall be forfeited and either destroyed or disposed of in such manner as the court may determine.

(4) An order under subsection (3) of this section shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.”.

Amendment of section 33 of Principal Act.

3.—The Principal Act is hereby amended by the substitution for section 33 of the following section:

“Handling stolen property.

33. (1) A person who handles stolen property knowing or believing it to be stolen property shall be guilty of felony and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or to both.

(2) For the purposes of this Act—

(a) a person handles stolen property if (otherwise than in the course of the stealing), knowing or believing it to be stolen property, he dishonestly—

(i) receives the property, or

(ii) undertakes or assists in its retention, removal, disposal or realisation by or for the benefit of another person, or

(iii) arranges to do any of the things specified in subparagraph (i) or (ii) of this paragraph;

(b) where a person—

(i) receives stolen property, or

(ii) undertakes or assists in its retention, removal, disposal or realisation by or for the benefit of another person, or

(iii) arranges to do any of the things specified in subparagraph (i) or (ii) of this paragraph,

in such circumstances that it is reasonable to conclude that he knew or believed the property to be stolen property, he shall be taken to have so known or believed unless the court or the jury, as the case may be, is satisfied having regard to all the evidence that there is a reasonable doubt as to whether he so knew or believed;

and

(c) believing property to be stolen property includes thinking that such property was probably stolen property.

(3) A person to whom this section applies may be indicted and convicted whether the principal offender has or has not been previously convicted or is or is not amenable to justice.”.

Amendment of section 40 of Principal Act.

4.—Section 40 of the Principal Act is hereby amended by—

(a) the substitution for subsection (3) of the following subsection:

“(3) Any number of persons may be charged in one indictment, with reference to the same theft, with having at different times or at the same time handled the stolen property or any part of it, and the persons so charged may be tried together.”; and

(b) the substitution for paragraphs (j) and (k) of subsection (5) of the following paragraphs:

“(j) Charges of stealing any property and of handling the same property or any part thereof may be included in separate counts of the same indictment and such counts may be tried together.

(k) Any person or persons charged in separate counts of the same indictment with stealing any property and with handling the same property or any part thereof may be severally found guilty either of stealing or of handling the said property or any part thereof.”.

Repeal of section 43 (1) of Principal Act.

5.—Section 43 (1) of the Principal Act is hereby repealed.

Amendment of section 44 of Principal Act.

6.—Section 44 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (5):

“(5) On the trial of two or more persons indicted for jointly handling any stolen property, the court or jury, as the case may be, may find any of the accused guilty if satisfied that he handled all or any part of such property whether or not he did so jointly with the other accused or with any of them.”.

Scope of offences relating to stolen property.

7.—(1) The provisions of the Principal Act and of this Act relating to handling property which has been stolen shall apply whether the property was stolen in the State or elsewhere, and whether the stealing occurred before or after the commencement of this Act, provided that the stealing amounted to an offence where and at the time when the property was stolen; and references to stolen property shall for the purposes of those provisions be construed accordingly.

(2) For the purposes specified in subsection (1) of this section, references to stolen property shall include, in addition to the property originally stolen and parts of it (whether in its original state or not)—

(a) any property which directly or indirectly represents, or has at any time represented, the stolen property in the hands of the thief as being the proceeds of any disposal or realisation of the whole or part of the stolen property or of property so representing the stolen property; and

(b) any other property which directly or indirectly represents, or has at any time represented, the stolen property in the hands of a handler of the stolen property or any part of it as being the proceeds of any disposal or realisation of the whole or part of the stolen property handled by him or of property so representing it.

(3) For the purposes specified in subsection (1) of this section, no property shall be regarded as having...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT