Larceny (CAP. 241 1
CHAPTER 241
THE LARCENY ACT
Arrangement of Sections
Section
1. Short title.
2. Interpretation.
3. Definitions.
3. (1) "steals".
3.(2) (i) "takes".
3 . (2) (ii) "carries away".
3. (2) (iii) "owner".
3. (3)
L 6 property7 ' .
3. (3) (a) "fixtures".
3. (3) (6) "wild animals".
4. Simple larceny.
5. Larceny of cattle.
6. Killing animals with intent to steal.
7. Larceny, etc., of dogs.
8. Larceny of wills.
9. Larceny of documents of title to land, etc.,
10. Taking, destroying, etc., documents for a
fraudulent purpose.
11. Damaging fixtures with intent to steal.
12. Praedial larceny.
13. Larceny of goods in process of manufacture.
14. Larceny in dwelling houses.
15. Larceny from the person.
16. Larceny from ships, docks, etc.
17. Larceny of aircraft or vessel.
18. Unauthorized use of aircrafts or vessels.
19. Larceny by tenants or lodgers.
20. Larceny and embezzlement by clerks or
servants.
21. Conversion.
22. Conversion by trustee.
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2 CAP. 241) Larceny
Section
23. Factors obtaining advances on the property
of their principals.
Fraud by directors, etc.
Falsification of accounts.
Personation with intent to obtain land, etc.
False pretences.
Sacrilege.
Burglary.
Housebreaking and committing felony.
Housebreaking with intent to commit felony.
Being found by night armed or in possession
of housebreaking implements.
Robbery.
Demanding money, etc., with menaces.
Demanding with menaces, with intent to
steal.
Threatening to publish, with intent to extort.
Receiving.
Corruptly taking a reward.
Procedure.
General deficiency.
Accessories and abettors.
Husband and wife.
Arrest without warrant.
Search warrants.
Compulsory disclosure in civil action or
bankruptcy.
Venue.
Punishments.
Verdict.
Restitution.
Offences punishable on summary conviction.
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 3
LARCENY
(13th December, 1944.) 2411944.
311954.
S.R.O. 2211956.
3211982.
1211987.
211989.
1. This Act may be cited as the Larceny Act. short title.
2. (1) In this Act- Interpretation.
"aircraft" includes any machine which can derive sup-
port in the atmosphere from the reactions of air
and is intended for aerial navigation;
"document of title to goods" includes any bill of lading,
India warrant, dock warrant, warehouse-keeper's
certificate, warrant or order for the delivery or
transfer of any goods or valuable thing, bought or
sold note, or any other document used in the
ordinary course of business as proof of the posses-
sion or control of goods, or authorizing or purpor-
ting to authorize, either by endorsement or by
delivery, the possessor of such document to transfer
or receive any goods thereby represented or therein
mentioned or referred to;
"document of title to lands" includes any Crown grant,
certificate of title, instrument, deed, map, roll,
register, paper or parchment, written or printed,
or partly written and partly printed, being or con-
taining evidence of the title, or any part of the title,
to any real estate or to any interest in or out of
any real estate;
"night" means the interval between eight o'clock in
the evening and 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 instruments relating to or evidencing the title
CAP. 241)
LAWS OF ANTIGUA AND BARBUDA
Larceny
or right to any property, or giving a right to recover
or receive any money or goods, and also includes
not only such property as has been originally in
the possession or under the control of any person,
but also any property into or for which the same
has been converted or exchanged, and anything
acquired by such conversion or exchange, whether
immediately or otherwise;
I I trustee" means a trustee on some express trust created
by some deed, will or instrument in writing, and
includes the heir or personal representative of any
such trustee, and any other person upon or to whom
the duty of such trust shall have devolved or come,
and also an executor and administrator, and an
Official Receiver, assignee, liquidator, or other like
officer acting under any present or future Act
relating to companies or bankruptcy;
"valuable security7' includes any writing entitling or
evidencing the title of any person to any share or
interest in any public stock, annuity, fund, or debt
of any part of Her Majesty's dominions, or of any
foreign state, or in any stock, annuity, fund or debt
of any body corporate, company or society, whether
within or without Her Majesty's dominions, or to
any deposit in any bank, and also includes any
scrip, debenture, bill, note, warrant, order, or other
security for payment of money, or any accountable
receipt, release, or discharge, or any receipt or other
instrument evidencing the payment of money, or
the delivery of any chattel personal, and any docu-
ment of title to lands or goods as hereinbefore
defined.
"vessel" includes any ship, boat, hovercraft, lighter or
other floating craft used for transport by water.
(2) The expression "dwelling-house" does not include
a building although within the same curtilage with any
dwelling-house and occupied therewith, unless there is a com-
munication between such building and dwelling-house, either
immediate or by means of a covered and enclosed passage
leading from one to the other.
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Larceny (CAP. 241 5
3. For the purposes of this Act- Definitions.
(1) a person steals who, without the consent of the "steals''
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:
Provided that a person may be guilty of stealing any
such thing notwithstanding that he has lawful possession
thereof, if, being a bailee or part owner thereof, he fraud-
ulently converts the same to his own use or the use of any
person other than the owner;
(2) (i) the expression "takes" includes obtaining the ''takes''.
possession-
(a) by any trick;
(6) by intimidation;
(c) under a mistake on the part of the owner with
knowledge on the part of the taker that possession has
been so obtained;
(d) by finding, where at the time of the finding the
finder believes that the owner can be discovered by tak-
ing reasonable steps;
(ii) the expression "carries away" includes any "carries away".
removal of anything from the place which it
occupies, but, in the case of a thing attached,
only if it has been completely detached;
(iii) the expression "owner7 ' includes any part "owner".
owner, or person having possession or con-
trol of, or a special property in, anything
capable of being stolen;
(3) everything which has value and is the property of p pro pert^".
any person, and, if adhering to the realty, then after severance
therefrom shall be capable of being stolen:
Provided that-
(a) save as hereinafter expressly provided with ''fixtures".
respect to fixtures and growing things, anything attached
to or forming part of the realty shall not be capable of
LAWS OF ANTIGUA AND BARBUDA
6 CAP. 241) Larceny
being stolen by the person who severs the same from
the realty, unless after severance he has abandoned
possession thereof; and
"wild animals". (b) the carcase of a creature wild by nature and
not reduced into possession while living shall not be
capable of being stolen by the person who has killed
such creature, unless after killing it he has abandoned
possession of the carcase.
Simple larceny. 4. Stealing for which no special punishment is pro-
vided under this or any other Act for the time being in force
shall be simple larceny and a felony punishable with imprison-
ment with hard labour for any term not exceeding three years.
Larceny of cattle. 5 . (1) Every person who steals any cattle shall be
guilty of felony, and on conviction thereof, liable to imprison-
ment with hard labour for any term not exceeding five years.
(2) Where any person is charged with an offence under
subsection ( I ) , such charge may be heard, tried and deter-
mined summarily by a Magistrate and on conviction for such
offence the Magistrate may sentence the person charged to
a fine of three thousand dollars and to imprisonment for a
term of twelve months, and upon a subsequent conviction
on a similar charge, to a fine of five thousand dollars and
to imprisonment for a term of twenty-four months.
(3) In this section, the term "cattle" includes horses,
asses, mules, kine, sheep, goats, deer and swine, as well as
all horned cattle.
Killing animals
with intent to
steal.
6. Every person who wilfully kills any animal with
intent to steal the carcase, skin, or any part of the animal
killed, shall be guilty of felony, and on conviction thereof
liable to the same punishment as if he had stolen such animal,
if the offence of stealing the animal so killed would have
amounted to felony.
Larceny, etc., of 7. Every person who-
dogs.
( a ) steals any dog after a previous summary con-
viction of any such offence; or
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 7
( 6 ) unlawfully has in his possession or on his
premises any stolen dog, or the skin thereof, knowing
such dog or skin to have been stolen, after a previous
summary conviction of any such offence, or
(c ) corruptly takes any money or reward, directly
or indirectly, under pretence or upon account of aiding
any person to recover any stolen dog, or any dog which
is in the possession of any person not being the owner
thereof,
shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with hard labour for any term not
exceeding eighteen months.
8. Every person who steals any will, codicil, or other Larceny of wills.
testamentary instrument, either of a dead or living person,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
ten years.
9. Every person who steals the whole or any part of- Larceny of
documents of
( a ) any document of title to lands; or title to land, etc.
(b) any record, writ, return, panel, petition, pro-
cess, interrogatory, deposition, affidavit, rule, order,
warrant of attorney, or any original document of or
belonging to any court of record, or relating to any cause
or matter, civil or criminal, begun, depending, or ter-
minated in any such court; or
(c) any original document relating to the business
of any office or employment under Her Majesty, and
being or remaining in any office appertaining to any
court of justice, or in any Government building or public
office,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
five years.
10. Every person who, for any fraudulent purpose, destroying, Taking,
ctc.,
takes and carries away, destroys, damages, or obliterates, documentl for a
the whole or any part of- fraudulent
purpose.
( a ) any will, codicil, or other testamentary instru-
ment, either of a dead or living person;
LAWS OF ANTlGUA AND BAFU3UDA
8 CAP. 241) Larceny
( b ) any valuable security;
(c ) any record, writ, return, panel, petition, pro-
cess, interrogatory, deposition, affidavit, rule, order,
warrant of attorney, or any original document of or
belonging to any court of record, or relating to any cause
or matter, civil or criminal, begun, depending, or ter-
minated, in any such court; or
(d) any original document relating to the business
of any office or employment under Her Majesty, and
being or remaining in any office appertaining to any
court of justice, or in any Government building or public
office,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
three years.
Damaging 1 . Every person who steals, or, with intent to steal,
fixtures with
intent to steal. rips, cuts, severs, or breaks-
(a) any glass or woodwork belonging to any
building; or
( b ) any metal or utensil or fixture fixed in or to
any building; or
( 6 ) anything made of metal fixed in any land being
private property, or as a fence to any dwelling-house,
garden or area, or in any square or street, or in any
place dedicated to public use or ornament, or in any
burial ground,
shall be guilty of felony, and on conviction thereof liable to
be punished as in the case of simple larceny.
Praedial larceny. 12. (1) Every person who steals, or, with intent to
steal, cuts, breaks, roots up, or otherwise destroys or
damages, the whole or any part of any tree, sapling, shrub,
underwood, plant, root, fruit or vegetable production grow-
ing in any place whatsoever shall be guilty of felony, and
on conviction thereof liable to be punished as in the case
of simple larceny.
(2) Where a person is charged with an offence under
subsection ( I ) , such charge may be heard, tried and deter-
mined summarily by a Magistrate and on conviction for any
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 9
such offence the Magistrate may sentence the person charged
to a fine of three thousand dollars and to imprisonment for
a term of twelve months, and upon subsequent conviction
on a similar charge, to a fine of five thousand dollars and
to imprisonment for a term of twenty-four months.
13. Every person who steals, to the value exceeding Larceny of goods
in process of twenty-four dollars, any goods, articles, or produce, at any manufac,ure~
stage in the process of manufacture shall be guilty of felony,
and on conviction thereof liable to imprisonment with hard
labour for any term not exceeding seven years.
14. Every person who steals in any dwelling-house Larceny in
dwelling houses.
any chattel, money, or valuable security, shall-
( a ) if the value of the property stolen amounts to
five hundred dollars or more; or
( b ) if he by any menace or threat puts any person
being in such dwelling-house in bodily fear,
be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
seven years.
15. Every person who steals any chattel, money, or Larceny from the
person.
valuable security from the person of another shall be guilty
of felony, and on conviction thereof liable to imprisonment
with hard labour for any term not exceeding seven years.
16. Every person who steals- Larceny from
ships, docks, etc.
(a) any goods in any vessel, barge, or boat of any
description whatsoever, within the territorial sea
surrounding Antigua and Barbuda, or in any haven or
in any port of entry or discharge, or upon any canal
or in any creek or basin belonging to or communicating
with any such haven, port, or canal; or
( 6 ) any goods from any dock, wharf, jetty, or quay
within Antigua and Barbuda; or
( c ) any part of any vessel in distress, wrecked,
stranded, or cast on shore, or any goods, merchandise,
or articles of any kind belonging to such vessel,
shall be guilty of felony, and on conviction thereof liable to
LAWS OF ANTIGUA AND BARBUDA
CAP. 241) Larceny
imprisonment with hard labour for any term not exceeding
seven years.
Larceny of
aircraft or vessel.
17. A person who steals an aircraft or a vessel is guilty
of an offence and is liable on summary conviction of a fine
of fifteen thousand dollars and to imprisbnment for two years,
and on conviction on indictment to imprisonment for ten
years.
Unauthorised use
of aircrafts or
18. (1) A person who, not having lawful authority,
vessels. uses an aircraft or a vessel without the consent of the owner -...--
is guilty of an offence and is liable on summary conviction
to a fine of ten thousand dollars and to imprisonment for
two years, and on conviction on indictment to imprisonment
for seven years.
(2) A person shall not be convicted under this section
if he proves-
(a) that he has reasonable cause to believe and did
in fact believe that the owner of the aircraft or vessel
would, had he been present, have consented to the air-
craft or vessel being used in the manner in which it was
used; or
(6) that he had reasonable cause to believe and did
in fact believe that he had lawful authority to use the
aircraft or vessel.
(3) Where on the trial of an indictment for stealing an
aircraft or vessel, the jury is of the opinion that the defend-
ant is not guilty of stealing the aircraft or vessel but is guilty
of an offence under this section, the jury may so find, and
the defendant is thereupon liable to punishment under this
section.
Larceny by 19. Every person who, being a tenant or lodger, or
tenants or
lodgers. the husband or wife of any tenant or lodger, steals any chattel
'
or fixture let to be used by.such person in or with any house
or lodging, shall be guilty of felony, and on conviction thereof
liable-
(a) if the value of such chattel or fixture exceeds
the sum of twenty-four dollars, to imprisonment for any
term not exceeding five years; and
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 1 1
( 6 ) in all other cases, to imprisonment with hard
labour for any term not exceeding two years.
20. Every person who- Larceny and
embezzlement by
clerks or
(1) being a clerk or servant or person employed in the Servants.
capacity of a clerk or servant-
( a ) steals any chattel, money or valuable security
belonging to or in the possession or power of his master
or employer; or
( b ) fraudulently embezzles the whole or any part
of any chattel, money or valuable security delivered to
or received or taken into possession by him for or in
the name or on the account of his master or employer;
(2) being employed in the public service of Her Majesty
or being a member of or employed in the police force-
( a ) steals any chattel, money, or valuable security
belonging to or in the possession of Her Majesty or
entrusted to or received or taken into possession by such
person by virtue of his employment; or
( b ) embezzles or in any manner fraudulenty applies
or disposes of for any purpose whatsoever except for
the public service any chattel, money, or valuable securi-
ty entrusted to or received or taken into possession by
him by virtue of his employment,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
seven years.
21. (1) Every person who- Conversion.
( a ) being entrusted either solely or jointly with any
other person with any power of attorney for the sale
or transfer of any property, fraudulently sells, transfers,
or otherwise converts the property or any part thereof
to his own use or benefit, or the use or benefit of any
person other than the person by whom he was entrusted;
or
(b ) being a director, member, or officer of any body
corporate or public company, fraudulently takes or
LAWS OF ANTIGUA AND BARBUDA
12 CAP. 241) Larceny
applies for his own use or benefit, or for any use or
purposes other than the use or purposes of such body
corporate or public company, any of the property of
such body corporate or public company; or
(c) being entrusted either solely or jointly with any
other person with any property in order that he may
retain in safe custody or apply, pay, or deliver, for any
purpose or to any person, the property or any part
thereof or any proceeds thereof, fraudulently converts
to his own use or benefit, or the use or benefit of any
other person, the property or any part thereof or any
proceeds thereof; or
(4 having either solely or jointly with any other
person received any property for or on account of any
other person, fraudulently converts to his own use or
benefit or the use or benefit of any other person, the
property or any part thereof or any proceeds thereof,
shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with or without hard labour for any
term not exceeding seven years.
(2) Nothing in paragraphs (c) and (4 of subsection (1)
shall apply to or affect any trustee under any express trust
created by a deed or will, or any mortgagee of any property,
real or personal, in respect of any act done by the trustee
or mortgagee in relation to the property comprised in or
affected by any such trust or mortgage.
Conversion by 22. Every person who, being a trustee of any property
trustee.
for the use or benefit either wholly or partially of some other
person, or for any public or charitable purpose, with
intent to defraud, converts or appropriates the same or any
part thereof to or for his own use or benefit, or the use or
benefit of any person other than the person entitled thereto,
or for any purpose other than such public or charitable
purpose, or otherwise disposes of or destroys such property
or any part thereof, shall be guilty of a misdemeanour, and
on conviction thereof liable to imprisonment with or without
hard labour for any term not exceeding seven years:
Provided that no prosecution for any offence included
in this section shall be commenced-
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 13
( a ) by any person without the sanction of the
Attorney-General;
( 6 ) by any person who has taken civil proceedings
against such trustee, without the sanction also of the
court or Judge before whom such civil proceedings were
heard or are pending.
23. (1) Every person who, being a factor or agent Factors obtaining
advances on the entrusted either solely or jointly with any other person for property of their
the purpose of sale or otherwise with the possession of any principals.
goods or of any document of title to goods, contrary to or
without the authority of his principal in that behalf, for his
own use or benefit, or the use or benefit of any person other
than'the person by whom he was so entrusted, and in viola-
tion of good faith-
( a ) consigns, deposits, transfers or delivers, any
goods or document of title so entrusted to him as and
by way of a pledge, lien, or security, for any money
or valuable security borrowed or received or intended
to be borrowed or received, by him; or
( 6 ) accepts any advance of any money or valuable
security on the faith of any contract or agreement to
consign, deposit, transfer or deliver any such goods or
document of title,
shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with or without hard labour for any
term not exceeding seven years:
Provided that no such factor or agent shall be liable to
any prosecution for consigning, depositing, transferring, or
delivering, any such goods or document of title, in case the
same shall not be made a security for or subject to the pay-
ment of any greater sum of money than the amount which,
at the time of such consignment, deposit, transfer, or delivery,
was justly due and owing to such agent from his principal,
together with the amount of any bill of exchange drawn by
or on account of such principal and accepted by such factor
or agent.
(2) (a) Any factor or agent entrusted as aforesaid and
in possession of any document of title to goods shall be
deemed to have been entrusted with the possession of
the goods represented by such document of title.
LAWS OF ANTIGUA AND BARBUDA
14 CAP. 241) Larceny
(6) Every contract pledging or giving a lien upon
such document of title as aforesaid shall be deemed to
be a pledge of and lien upon the goods to which the
same relates.
(6) Any such factor or agent as aforesaid shall be
deemed to be in possession of such goods or documents
whether they are in his actual custody or are held by
any other person subject to his control, or for him or
on his behalf.
(4 Where any loan or advance is made in good
faith to any factor or agent entrusted with and in posses-
sion of any such goods or document of title on the faith
of any contract or agreement in writing to consign,
deposit, transfer, or deliver such goods or document of
title, and such goods or document of title are actually
received by the person making such loan or advance,
without notice that such factor or agent was not authoriz-
ed to make such pledge or security, every such loan or
advance shall be deemed to be a loan or advance on
the security of such goods or document of title and within
the meaning of this section, though such goods or docu-
ment of title are not actually received by the person
making such loan or advance till the period subsequent
thereto.
( e ) Any payment made whether by money or bill
of exchange or other negotiable security shall be deemed
to be an advance within the meaning of this section.
V) Any contract or agreement whether made direct
with such factor or agent as aforesaid or with any per-
son on his behalf shall be deemed to be a contract or
agreement with such factor or agent.
e) Any factor or agent entrusted as aforesaid, and
in possession of any goods or document of title to goods,
shall be deemed, for the purposes of this section, to have
been entrusted therewith by the owner thereof, unless
the contrary be shown in evidence.
Fraud by 24. Every person who-
directors, etc.
(1) being a director, public officer, or manager, of any
body corporate or public company-
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241
(a) as such, receives or possesses himself of any
property of such body corporate or public company and,
with intent to defraud, omits to make, or causes to be
made, a full and true entry thereof in the books and
accounts of such body corporate or public company;
(b) makes, circulates, or publishes, or concurs in
making, circulating or publishing, any written statement
or account which he knows to be false in any material
particular-
(i) with intent to deceive or defraud any member,
shareholder, or creditor of such body corporate
or public company; or
(ii) with intent to induce any person to become
a shareholder or partner therein, or to entrust
or advance any property to such body
corporate or public company, or to enter into
any security for the benefit thereof;
(2) being a director, public officer, manager, or
member, of any body corporate or public company with
intent to defraud-
(a) destroys, alters, mutilates, or falsifies, any book,
paper, writing or valuable security, belonging to such
body corporate or public company;
(b) makes
entry, or omits
ticular, in any
or concurs in the making of any false
or concurs in omitting any material par-
book of account or other document,
shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with or without hard labour for any
term not exceeding seven years.
25. Every person who-
(1) being a clerk or servant or person employed in the
capacity of a clerk or servant wilfully and with intent to
defraud-
Falsification of
accounts.
(a) destroys, alters, mutilates, or falsifies, any book,
paper, writing, valuable security, or account, belong-
ing to or in the possession of his employer, or received
by him for or on account of his employer; or
LAWS OF AN'I'IGUA AND BARBUDA
16 CAP. 241) Larceny
(b) makes or concurs in making any false entry in,
or omits or alters, or concurs in omitting or altering,
any material particular from or in such book or any
document or account;
(2) being employed in the public service of Her Majesty,
or being a member of or employed in the police force-
(a) destroys, alters, mutilates, or falsifies, any book,
paper, writing, valuable security, or account, belong-
ing to or in the possession of Her Majesty, or received
by him for or on behalf of Her Majesty; or
(b) makes or concurs in making any false entry in,
or omits or alters, or concurs in omitting or altering,
any material particular from or in any such book or
any document or account.
shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with or without hard labour for any
term not exceeding five years.
Personation with
intent to obtain
26. Every person who falsely and deceitfully per-
land, etc. sonates any person, or the heir, executor, administrator, wife,
widow, next of kin, or relation, of any person, with intent
fraudulently to obtain any land, estate, chattel, money,
valuable security, or property, shall be guilty of felony, and
on conviction thereof liable to imprisonment with hard labour
for any term not exceeding five years.
False pretences. 27. Every person who, by any false pretence-
(a) with intent to defraud, obtains from any other
person any chattel, money, or valuable security, or
causes or procures any money to be paid, or any chattel
or valuable security to be delivered, to himself or to any
person for the use or benefit or on account of himself
or any other person; or
(b) with intent to defraud or injure any other
person, fraudulently causes or induces any other
person-
(i) to execute, make, accept, endorse, or destroy,
the whole or any part of any valuable security;
or
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 17
(ii) to write, impress, or affix, his name or the
name of any other person, or the seal of any
body corporate or society, upon any paper or
parchment in order that it may be afterwards
made or converted into, or used or dealt with
as, a valuable security,
shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with or without hard labour for any
term not exceeding five years.
28. Every person who- Sacrilege.
(a) breaks and enters any place of divine worship
and commits any felony therein; or
(6) breaks out of any place of divine worship having
committed any felony therein,
shall be guilty of felony called sacrilege, and on conviction
thereof liable to imprisonment with hard labour for any term
not exceeding seven years.
29. Every person who in the night- Burglary.
(a) breaks and enters the dwelling-house of another
with intent to commit any felony therein; or
(6) breaks out of the dwelling-house of another,
having-
(i) entered such dwelling-house with intent to
commit any felony therein; or
(ii) committed any felony in such dwelling-house,
shall be guilty of felony called burglary, and on conviction
thereof liable to imprisonment with hard labour for any term
not exceeding fifteen years.
30. Every person who- Housebreaking
and committing
(a) breaks and enters any dwelling-house, or any on^^
building within the curtilage thereof and occupied
therewith, or any school-house, shop, warehouse,
counting-house, office, store, garage, pavilion, factory,
workshop, or other building, or any building belong-
ing to Her Majesty, or to any Government department,
LAWS OF ANTIGUA AND BARBUDA
18 CAP. 241) Larceny
or to any municipal or other public authority, and com-
mits any felony therein; or
( 6 ) breaks out of any such place, having commit-
ted any felony therein,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
seven years and on summary conviction to imprisonment
for a term not exceeding two years.
Housebreaking 31. Every person who, with intent to commit any
with intent to
commit felony. felony therein-
( a ) enters any dwelling-house in the night; or
( 6 ) breaks and enters any dwelling-house, place of
divine worship, or any building within the curtilage
thereof, or any school-house, shop, warehouse, counting-
house, office, store, garage, pavilion, factory, workshop,
or other building, or any building belonging to Her
Majesty, or to any Government department, or to any
municipal or other public authority,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
five years and on summary conviction to imprisonment for
a term not exceeding eighteen months.
Being found by
night armed or
32. Every person who shall be found by night-
in possession of
housebreaking (a ) armed with any dangerous or offensive weapon
implements. or instrument. with intent to break or enter into any
building and to commit any felony therein; or
( 6 ) having in his possession without lawful excuse
(the proof whereof shall lie on such person) any key,
picklock, crow, jack, bit, or other implement of
housebreaking; or
(c) having his face blackened or disguised with
intent to commit any felony; or
(4 in any building with intent to commit any felony
therein,
shall be guilty of a misdemeanour, and on conviction thereof
liable-
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241
(i) if he has been previously convicted of any such
misdemeanour or of any felony, to imprison-
ment with hard labour for any term not
exceeding seven years; and
(ii) in all other cases to imprisonment with or
without hard labour for any term not exceeding
three years.
33. (1) Every person who- Robbery.
(a) being armed with any offensive weapon or
instrument, or being together with one other person or
more, robs, or assaults with intent to rob, any person; or
(6) robs any person and, at the time of or
immediately before or immediately after such robbery,
uses any personal violence to any person,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
fifteen years.
(2) Every person who robs any person shall be guilty
of felony, and on conviction thereof liable to imprisonment
with hard labour for any term not exceeding seven years.
(3) Every person who assaults any person with intent
to rob shall be guilty of felony, and on conviction thereof
liable to imprisonment with hard labour for any term not
exceeding five years.
34. ( 1 ) Every person who- Demanding
money, etc., with
(a) utters, knowing the contents thereof, any letter menaces.
or writing demanding of any person with menaces, and
without any reasonable or probable cause, any property
or valuable thing; or
(6) utters, knowing the contents thereof, any let-
ter or writing accusing or threatening to accuse any other
person (whether living or dead) of any crime to which
this section applies, with intent to extort or gain thereby
any property or valuable thing from any person; or
(c) with intent to extort or gain any property or
valuable thing from any person, accuses or threatens
LAWS OF ANTIGUA AND BARBUDA
CAP. 241) Larceny
to accuse either that person or any other person (whether
living or dead) of any such crime,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
seven years.
(2) Every person who, with intent to defraud or injure
any other person-
(a) by any unlawful violence to or restraint of the
person of another; or
(b) by accusing or threatening to accuse any per-
son (whether living or dead) of any crime to which this
section applies, or of any felony,
compels or induces any person to execute, make, accept,
endorse, alter, or destroy, the whole or any part of any
valuable security, or to write, impress, or affix, the name
of any person, company, firm, or partnership, or the seal
of any body corporate, company, or society, upon or to any
paper or parchment in order that it may be afterwards made
or converted into or used or dealt with as a valuable secur-
ity, shall be guilty of felony, and on conviction thereof liable
to imprisonment with hard labour for any term not exceeding
seven years.
(3) This section applies to any crime punishable with
death, or imprisonment for not less than five years, or to
any assault with intent to commit any rape, or to any attempt
to commit any rape, or to any solicitation, persuasion,
promise, or threat, offered or made to any person whereby
to move or induce such person to commit or permit the
abominable crime of buggery, either with mankind or with
any animal.
(4) For the purposes of this Act, it is immaterial whether
any menaces or threats be of violence, injury, or accusation
to be caused or made by the offender or by any other person.
Demanding with 35. Every person who, with menaces or by force,
menaces, with
intent to steal. demands of any person anything capable of being stolen,
with intent to steal such thing, shall be guilty of felony, and
on conviction thereof liable to imprisonment with hard labour
for any term not exceeding five years.
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 2 1
36. Every person who, with intent- Threatening to
publish, with
(a) to extort any valuable thing from any person; or intent extort.
(6) to induce any person to confer or procure for
any person any appointment or office of profit or trust,
(i) publishes or threatens to publish any libel upon
any other person (whether living or dead); or
(ii) directly or indirectly threatens to print or
publish, or directly or indirectly proposes to
abstain from or offers to prevent the printing
or publishing of, any matter or thing touching
any other person (whether living or dead),
shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with or without hard labour for any
term not exceeding two years.
37. (1) Every person who receives any property Receiving.
knowing the same to have been stolen or obtained in any
way whatsoever under circumstances which amount to felony
or misdemeanour, shall be guilty of an offence of the like
degree (whether felony or misdemeanour) and on convic-
tion thereof liable-
(a) in the case of felony, to imprisonment with hard
labour for any term not exceeding ten years;
(6) in the case of misdemeanour, to imprisonment
with or without hard labour for any term not exceeding
five years.
(2) Every such person may be indicted and convicted
whether the principal offender has or has not been previously
convicted, or is or is not amenable to justice.
(3) Every person who, without lawful excuse, receives
or has in his possession any property stolen or obtained out-
side Antigua and Barbuda, knowing it to have been stolen
or obtained in any way whatsoever under such circumstances
that if the act had been committed in Antigua and Barbuda
the person committing it would have been guilty of felony
or misdemeanour, shall be guilty of an offence of the like
degree (whether felony or misdemeanour), and on convic-
LAWS OF ANTIGUA AND BARBUDA
20 CAP. 241) Larceny
to accuse either that person or any other person (whether
living or dead) of any such crime,
shall be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
seven years.
(2) Every person who, with intent to defraud or injure
any other person-
(a) by any unlawful violence to or restraint of the
person of another; or
( 6 ) by accusing or threatening to accuse any per-
son (whether living or dead) of any crime to which this
section applies, or of any felony,
compels or induces any person to execute, make, accept,
endorse, alter, or destroy, the whole or any part of any
valuable security, or to write, impress, or affix, the name
of any person, company, firm, or partnership, or the seal
of any body corporate, company, or society, upon or to any
paper or parchment in order that it may be afterwards made
or converted into or used or dealt with as a valuable secur-
ity, shall be guilty of felony, and on conviction thereof liable
to imprisonment with hard labour for any term not exceeding
seven years.
(3) This section applies to any crime punishable with
death, or imprisonment for not less than five years, or to
any assault with intent to commit any rape, or to any attempt
to commit any rape, or to any solicitation, persuasion,
promise, or threat, offered or made to any person whereby
to move or induce such person to commit or permit the
abominable crime of buggery, either with mankind or with
any animal.
(4) For the purposes of this Act, it is immaterial whether
any menaces or threats be of violence, injury, or accusation
to be caused or made by the offender or by any other person.
Demanding with 35. Every person who, with menaces or by force,
menaces, with
intent to demands of any person anything capable of being stolen,
with intent to steal such thing, shall be guilty of felony, and
on conviction thereof liable toimprisonment with hard labour
for any term not exceeding five years.
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 2 1
36. Every person who, with intent- Threatening to
publish, with
(a) to extort any valuable thing from any person; or to extort.
(6) to induce any person to confer or procure for
any person any appointment or office of profit or trust,
(i) publishes or threatens to publish any libel upon
any other person (whether living or dead); or
(ii) directly or indirectly threatens to print or
publish, or directly or indirectly proposes to
abstain from or offers to prevent the printing
or publishing of, any matter or thing touching
any other person (whether living or dead),
shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with or without hard labour for any
term not exceeding two years.
37. (1) Every person who receives any property Receiving.
knowing the same to have been stolen or obtained in any
way whatsoever under circumstances which amount to felony
or misdemeanour, shall be guilty of an offence of the like
degree (whether felony or misdemeanour) and on convic-
tion thereof liable-
(a) in the case of felony, to imprisonment with hard
labour for any term not exceeding ten years;
(b) in the case of misdemeanour, to imprisonment
with or without hard labour for any term not exceeding
five years.
(2) Every such person may be indicted and convicted
whether the principal offender has or has not been previously
convicted, or is or is not amenable to justice.
(3) Every person who, without lawful excuse, receives
or has in his possession any property stolen or obtained out-
side Antigua and Barbuda, knowing it to have been stolen
or obtained in any way whatsoever under such circumstances
that if the act had been committed in Antigua and Barbuda
the person committing it would have been guilty of felony
or misdemeanour, shall be guilty of an offence of the like
degree (whether felony or misdemeanour), and on convic-
LAWS OF ANTIGUA AND BARBUDA
2 2 CAP. 241) Larceny
tion thereof liable to imprisonment with or without hard
labour for any term not exceeding seven years.
Corruptly taking
a reward.
38. Every person who corruptly takes any money or
reward, directly or indirectly, under Dretence or uDon account
2 ,
of helping any person to recover any property which has,
under circumstances which amount to felony or misdemean-
our, been stolen or obtained in any way whatsoever, or receiv-
ed, shall (unless he has used all due diligence to cause the
offender to be brought to trial for such offence) be guilty
of felony, and on conviction thereof liable to imprisonment
with hard labour for any term not exceeding five years.
Procedure. 39. (1) O n the trial of an indictment for obtaining
or attempting to obtain any chattel, money, or valuable
security, by any false pretence, it shall not be necessary to
prove an intent to defraud any particular person, but it shall
be sufficient to prove that the person accused did the act
charged with intent to defraud.
(2) An allegation in an indictment that money or bank
notes have been embezzled or obtained by false pretences
may, so far as regards the description of the property, be
sustained by proof that the offender embezzled or obtained
any piece of coin or any bank note or any portion of the
value thereof, although such piece of coin or bank note may
have been delivered to him in order that some part of the
value thereof should be returned to any person and such part
has been returned accordingly.
(3) In an indictment for receiving any property under
this Act, any number of persons who have at different times
so received such property or any part thereof may be indicted
and tried together.
(4) If any person who is a member of any partnership
or is one of two or more beneficial owners of any property,
steals or embezzles any such property of or belonging to such
partnership or to such beneficial owners, he shall be liable
to be dealt with, tried, and punished, as if he had not been
or was not a member of such partnership or one of such
beneficial owners.
LAWS OF ANTIGUA AND BARBUDA
6
Larceny (CAP. 241 2 3
I 40. In an indictment against a person for larceny or General
deficiency. embezzlement, the accused person may be charged and
proceeded against for the amount of a general deficiency in
account, notwithstanding that such general deficiency is made
up of any number of specific sums of money the taking of
which extended over any space of time, and without show-
ing any particular sums received and not accounted for.
4 1. Every person who knowingly and wilfully aids, Accessories and
abettors. abets, counsels, procures, or commands, the commission of
an offence punishable under this Act shall be liable to be
dealt with, indicted, tried, and punished, as a principal
offender.
42. (1) A wife shall have the same remedies and ,HE- and
redress under this Act for the protection and security of her
own property as if she were afeme sole:
Provided that no proceedings under this Act shall be
taken by any wife against her husband while they are living
together as to or concerning any property claimed by her,
nor while they are living apart as to or concerning any act
done by the husband while they were living together concer-
ning property claimed by the wife, unless such property has
been wrongfully taken by the husband when leaving or deser-
ting or about to leave or desert his wife.
(2) A wife doing an act with respect to any property
of her husband, which, if done by the husband in respect
to property of the wife, would make the husband liable to
criminal proceedings by the wife under this Act, shall be
in like manner liable to criminal proceedings by her husband.
43. Any person found committing any offence k~:~;ithout
punishable under this Act, except an offence under section
36, may be immediately apprehended without a warrant by
any person and forthwith taken, together with the property,
if any, before a Magistrate to be dealt with according to law.
44. If it be made to appear by information on oath Search warrants.
before a Magistrate that there is reasonable cause to believe
that any person has in his custody or possession or on his
premises any property whatsoever, with respect to which any
LAWS OF ANTIGUA AND BARBUDA
2 4 CAP. 241) Larceny
offence against this Act has been committed, the Magistrate
may grant a warrant to search for and seize the same.
Compulsory
disclosure in civil
45. ( 1 ) NO person shall be liable to be convicted of
action or any offence against sections 8, 9 ( a ) , 2 1 , 22 and 23 upon
bankruptcy. any evidence whatever in respect of any act done by him,
if at any time previously to his being charged with such
offence he has first disclosed such act on oath, in consequence
of any compulsory process of any court of law or equity in
any action, suit or proceeding which has been bona fide
instituted by any person aggrieved.
( 2 ) In any proceedings in respect of any offence against
sections 8, 9 (a), 2 1 , 22 and 2 3 , a statement or admission
made by any person in any compulsory examination or
deposition before any court on the hearing of any matter
in bankruptcy shall not be admissible in evidence against
that person.
Venue.
Punishments.
46. ( 1 ) A person charged with any offence against
this Act may be dealt with, indicted, tried, and punished
in any circuit or place in which he was apprehended or is
in custody as if the offence had been committed in that circuit
or place; and for all purposes incidental to or consequential
on the prosecution, trial, or punishment of the offence, it
shall be deemed to have been committed in that circuit or
place.
( 2 ) Every person who steals or otherwise feloniously
takes any property in any one part of Antigua and Barbuda
may be dealt with, indicted, tried, and punished in any other
part of Antigua and Barbuda where he has the property in
his possession in the same manner as if he had actually stolen
or taken it in that part.
47. (1) Every person who commits the offence of
simple larceny, after having been previously convicted of
felony, shall be liable to imprisonment with hard labour for
any term not exceeding seven years.
( 2 ) Every person who commits the offence of simple
larceny, or any offence made punishable like simple larceny,
after having been previously convicted-
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 2 5
(a) of any misdemeanour punishable under this
Act; or
(6) twice summarily of larceny or damage to
property, shall be liable to imprisonment with or without
hard labour for any term not exceeding five years.
(3) O n conviction of a felony or misdemeanour
punishable under this Act, the court, instead of or in addition
to any other punishment which may lawfully be imposed
for the offence-
(a) may fine the offender; or
(6) may require the offender to enter into his own
recognizances, with or without the sureties, for keeping
the peace and being of good behaviour:
Provided that a person shall not be imprisoned for
more than one year for not finding sureties.
48. (1) If on the trial of any indictment for robbery Verdict.
it is proved that the defendant committed an assault with
intent to rob, the jury may acquit the defendant of the robbery
and find him guilty of an assault with intent to rob, and
thereupon he shall be liable to be punished accordingly.
(2) If, on the trial of any indictment for any offence
against section 20 (relating to embezzlement), it is proved
that the defendant stole the property in question, the jury
may find him guilty of stealing, and thereupon he shall be
liable to be punished accordingly; and on the trial of any
indictment for stealing, the jury may in like manner find
the defendant guilty of embezzlement or of fraudulent
application or disposition, as the case may be, and thereupon
he shall be liable to be punished accordingly.
(3) If, on the trial of any indictment for stealing, it is
proved that the defendant took any chattel, money, or
valuable security in question, in any such manner as would
amount in law to obtaining it by false pretences with intent
to defraud, the jury may acquit the defendant of stealing
and find him guilty of obtaining the chattel, money, or
valuable security, by false pretences, and thereupon he shall
be liable to be punished accordingly.
LAWS OF ANTIGUA AND BARBUDA
2 6 CAP. 241) Larceny
(4) If, on the trial of any indictment for obtaining any
chattel, money, or valuable security, by false pretences, it
is proved that the defendant stole the property in question,
he shall not by reason thereof be entitled to be acquitted
of obtaining such property by false pretences.
(5) If, on the trial of any two or more persons indicted
for jointly receiving any property, it is proved that one or
more of such persons separately received any part of such
property, the jury may convict upon such indictment such
of the said persons as are proved to have received any part
of such property.
Restitution. 49. (1) If any person guilty of any such felony or
misdemeanour as is mentioned in this Act, in stealing, taking,
obtaining, extorting, embezzling, converting, having in his
possession, or disposing of, or in knowingly receiving, any
property, is prosecuted to conviction by or on behalf of the
owner of such property, the property shall be restored to
the owner or his representative.
(2) In every case in this section referred to, the court
before whom such offender is convicted shall have power
to award from time to time writs of restitution for the said
property or to order the restitution thereof in a summary
manner:
Provided that where goods (as hereinafter defined in
this section) have been obtained by fraud or other wrongful
means not amounting to stealing, the property in such goods
shall not re-vest in the person who was the owner of the goods
or his personal representative, by reason only of the convic-
tion of the offender:
Provided also that nothing in this section shall apply
to the case of-
( a ) any valuable security which has been in good
faith paid or discharged by some person or body
corporate liable to the payment thereof, or, being a
negotiable instrument, has been in good faith taken or
received by transfer or delivery by some person or body
corporate for a just and valuable consideration without
any notice or without any reasonable cause to suspect
that it had been stolen:
LAWS OF ANTIGUA AND BARBUDA
Larceny (CAP. 241 27
(6 ) any offence against sections 21, 22 and 23.
(3) On the restitution of any stolen property, if it appears
to the court by the evidence that the offender has sold the
stolen property to any person, and that such person has had
no knowledge that the same was stolen, and that any moneys
have been taken from the offender on his apprehension, the
court may, on the application of such purchaser, order that
out of such moneys a sum not exceeding the amount of the
proceeds of such sale shall be delivered to the said purchaser.
(4) For the purposes of this section "goods7' includes
all chattels personal other than things in action and money;
the term includes emblements, industrial growing crops, and
things attached to or forming part of land.
50. Where an offence against this Act is by any other Offences
punishable on
Act made punishable on summary conviction, proceedings
may be taken either under such other Act or under this Act. conviction.
