Larceny Act

Link to law: http://www.moj.gov.jm/laws/larceny-act
Published: 1942-06-15

LARCENY

THE LARCENY ACT

ARRANGEMENT OF SECTIONS

1. Short title.

PART I. Inferprefafion

2. Interpretation.
3. Definitions.
4. Offensive weapons.

PART 11. Indictable Ofences

5. Simple larceny.
6. Larceny of cattle.
7. Killing animals with intent to steal.
S. Larceny, etc., of dogs.
9. Larceny of wills.

10. Larceny of documents of title to land, etc.
1 1 . Taking, destroying, etc., documents for a fraudulent purpose.
12. Damaging fixtures with intent to steal.
13. Praedial larceny.
14. Larceny of goods in process of manufxture.
15. Abstracting electricity.
16. Larceny, etc., of ore from mines, etc.
17. Larceny of postal articles.
18. Larceny in dwelling-houses.
19. Larceny from the person.
20. Larceny from ships, docks, etc.
2 1. Larceny by tenants or lodgers.
22. Larceny and embezzlement by clerks or servants.
23. Stealing or embezzlement by officer of Post Office.
24. Conversion.
25. Conversion by trustee.

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Factors obtaining advances on the property of their principals.

Frauds by director. etc.

Fraudulently inducing persons to invest money.

Falsification of accounts.

Falsification of account books of a bank. etc.

Clerks. etc.. making out false dividend warrants.

Personating the owner of stock.

Personation with intent to obtain land. etc.

Falsely acknowledging bail. etc.

False pretences.

Obtaining credit by fraud.

Robbery.

Sacrilege.

Burglary.

House-breaking and committing felony.

House-breaking with intent to commit felony.

Being found by night armed or in possession of house-breaking

implements.

Extortion.

[Repealed by Act 29 of 200.5. ]

[Repealed by Act 29 of 2005.1

[Repealed byAct 29 of 2OO5.]

Receiving.

Corruptly taking a reward.

PART III. Summav Offences
48. Larceny, etc., of dogs, etc., punishable summarily.

49. Taking or destroying fish.

50. Taking animal without consent of owner.

51. Stealing, etc., fences, etc.

52. Offering for sale, etc., wrecked goods.

53. Praedial larceny triable summarily.

54. Advertising reward for return of stolen property.

55. Larceny under ten thousand dollars triable summarily.

56. Summary punishment for receiving.

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PART IV. Geneml
57. Accessories and abettors.
58. Husband and wife.
59. General deficiency.
60. Punishments.
61. Procedure.
62. Arrest without warrant.
63. Search warrants.
64. Evidence.
65. Verdict.
66. Restitution.
67. Civil liability for untrue statements.
65. Offences punishable on summary conviction.

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- ---

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Cap. 212
Acts

42 of 1963
S. 2.

7 of 1965
14th Sch,

THE LARCENY ACT 1 or 1967,
39 of 1967,

9 of 1972
Sch.,

17 of 19112
[ I 5th June, 1942. ] 3rd s h . ,

11 of 2000,
29 of ZOOS.

1. This Act may be cited as the Larceny Act. short title

PART I. Interpretation
2.-(1) In this Act-

"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
possession or control of goods, or authorizing or purporting
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 containing 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;

(3 "mail bag", "officer of the Post Office", "postal article", "post
ofice", and " in course of transmission by post", have the
same meanings in this Act as in the Post Ofice Act;

"night" means the interval between seven o'clock in the
evening and six o'clock in the morning of the next
succeeding day;

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Interpreta-
tion.

LARCENY

"property" includes any description of real and personal
property, money, debts, and legacies, and all deeds and
instruments relating to or evidencing the title 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 it has
been converted or exchanged, and anything acquired by
such conversion or exchange, whether immediately or
otherwise;

"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 has devolved
or come, and also an executor and administrator, and an
oEcial receiver, assignee, liquidator, or other like officer
acting under any enactment relating to joint stock
companies or to bankruptcy;

"valuable security" includes any writing entitling or evidencing
the title of any person to any share or interest in any public
stock, annuity, fbnd, or debt of any Commonwealth
country, or of any foreign state, or in any stock, annuity,
knd, or debt of any body corporate, company, or society,
whether within or without any Commonwealth country, 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 document of title to lands or goods as1 in this
section defined.

(2) "Dwelling-house" does not include a building,
although within the same curtilage with any dwelling-house

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LARCENY

and occupied therewith, unless there is a communication
bztween such building and dwelling-house, either immediate
or by means of a covered and enclosed passage leading from
one to the other.

3. For the purposes of this Act-- Definitions.
(11 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 any-
thing 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 fraudulently converts it to his own use
or to the use of any person other than the owner;

(2) (i) “takes” includes obtaining the possession-
(U) by any trick;
(b) 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 find-
ing the finder believes that the owner may
be discovered by taking reasonable steps;

(ii) “carries away” includes removal of anything
from the place which it occupies, but, in the
case of a thing attached, only if it has been
compietely detached;

(iii) “owner” includes any part owner, or person
having possession or control of, or a special
property in, anything capable of being stolen;

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8 LARCENY

(3) everything which has value and is the property
of 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

respect to fixtures, growing things, ore
from mines, and mineral oils, anything
attached to or forming part of the realty
shall not be capable of being stolen by
the person who severs it from the realty,
unless after severance he has abandoned
possession thereof; and

(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.

Offensive 4.--(1) A firearm or imitation firearm shall notwith-
standing that it is not loaded or is otherwise incapable of

111967 discharging any shot, bullet or other missile, be deemed to
b: an offensive weapon or instrument for the purposes of
paragraph (a) of subsection (1) of section 37 and paragraph
(1) of section 42.

weapons.

s. 53
sch.

(2) In this section-
“firearm” means any lethal barrelled weapon of any

description from which any shot, bullet or other
missile can be discharged;

“imitation firearm” means anything which has the
appearance of being a firearm whether it is capable
of discharging any shot, bullet o r missile or not.

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PART 11. lndicrable Oflcnces
5. Stealing for which no special punishment is provided simple

under this or any other enactment for the time being in larceny.
force shall be simple larceny and a felony punishable with
imprisonment with hard labour for any term not exceeding
five years.

4.-(1) Every person who steals any cattle shall be guilty L,-,,yof
of felony, and on conviction thereof liable to imprisonment wt*tfle.
with hard labour for any term not exceeding seven years.

(2) In this section, the term “cattle” includes horses,
asses, mules, kine, sheep, goats, and swine, as well as all
homed cattle.

7. Every person who wi!fully kills any animal with intent Killing

shall be guilty of felony, and on conviction thcreof liable tosteal.
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.

to steal the carcase, skin, or any part, of the animal killed, animals wifiintent

L-y.
etc.. of dogs.

8. Every person wh-
(4 steals any dog after a previous summary conviction

of any such offence; or
(b) 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 aid-
ing any person to rxovw any stoIen dog, or any
dog which is in the possession of any peixon not
being the owner thereof,

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10

17ll982
3rd. soh.

Larceny of
WillS.

Larceny of
documents
of title to
Isnd. etc.

Taking,
destroymg,
etc., docu-
ments for a
fraudulent
purpo=

LARCENY

shall be guilty of felony. and on conviction thereof shall be
liable to imprisonment for a term not exceeding five years.

9. Every person who steals the whole or any part of any
will, codicil, or other testamentary instrument, either of a
dead or of a living person, shall be guilty of felony, and on
conviction thereof liable to imprisonment with hard labour
for any term not exceeding ten years.

10. Every person who steals the whole or any part of-
(a) any document of title to lands; or
(b ) any record, writ, return, panel, petition, process,

interrogatory, deposition, asdavit, 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 terminated, 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 build-
ing or public office,

shall be guilty of felony, and on conviction thereof liable
10 imprisonment with hard labour for any term not exceed-
ing five years.

11. Every person who, for any fraudulent purpose, takes
and carries away, destroys, damages, or obliterates, the
whole or any part of-

(a) any will, codicil, or other testamentary instrument,
either of a dead or living person;

( b ) any valuable security;
(c) any record, writ, return, panel, petition, process,

interrogatory, deposition, affidavit, rule, order,
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LARCENY

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 terminated, 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 build-
ing or public ofice,

shall be guilty of felony, and on conviction thereof liable
to imprisonment with hard labour for any term not exceed-
ing three years.

11

12. Every person who steals, or, with intent to steal, rips, Damaging
Bxtureswlh
intent to
Steal.

cuts, severs, or breaks-
(a) any glass or woodwork belonging to any building;

or
(h) any metal or utensil or fixture fixed in or to any

building; or
(c) 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,

shaI1 be guilty of felony, and on conviction thereof liable
to be punished as is the case of simptelarceny.

13. Every person who steals, or, with intent to steal, cuts, Praedial
breaks, roots up, or otherwise destroys or damages, the larceny.
whole or any part of any tree, sapling, shrub, underwood,
plant, root, fruit or vegetable production growing in any
place whatsoever shall be guilty of felony, and on conviction
thereof liable to be punished as in the. case of simple larceny,
and. if a male, in addition thereto, to be whipped.

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12 LARCENY

m n y o f 14. Every person who steals, to the value of one dollar,
prooessof any goods, articles, or produce, at any stage in the process
manufacture. of manufacture shall be guilty of felony, and on conviction

thereof liable to imprisonment with hard Iabour for any
term not exceeding seven years.

goods in

Abstracting
electricity.

Larany,
etc., of ore
from
mines, etc.

Larceny of
postal
pnidcs.

Larceny in
dwelling-
housen.

15. Every person who maliciously or fraudulently
abstracts, causes to be wasted or diverted, consumes, or uses,
any electricity shall be guilty of felony, and on conviction
thereof liable to be punished as in the case of simple larceny.

16. Every person who steals, or severs with intent to steal,
the ore of any metal, or any coal from any mine, bed, or
vein thereof, o r steals mineral oil from any stratum, shall
be guilty of felony, and on conviction thereof liable to
imprisonment with hard labour for any term not exceeding
two years.

17. Every person who-
(U) steals a mail bag; or
(6) steals from a mail bag, post office, officer of the

Post Office, or mail, any postal article in course
of transmission by post; or

(c) steals any chattel, money, or valuable security, out
of a postal article in course of transmission by post;
or

(d) stops any person, vehicle, ship or aeroplane with
intent to rob the mail,

shall be guilty of felony, and on conviction thereof liable
to imprisonment with hard labour for any term not exceed-
ing ten years.

18. Every person who steals in any dwelling-house any
chattel, money, or valuable security, shall-

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LARCENY 13

(I?) if the value of the property stolen amounts to ten
dollars; 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
ten years.

19. Every person who steals any chattels, money, or Larceny
fromthe

valuable security, from the person of another shall be guilty person.
of felony, and on conviction thereof liable to imprisonment
with hard labour for any term not exceeding ten years.

20. Every person who steals- m n y from ship.
(a) any goods in any vessel, barge, or boat of any

description whatsoever, within the territorial waters
surrounding the Island, or upon any navigable
river or canal or in any creek or basin within the
Island; or

(6) any goods from any dock, wharf, embarcadere,
jetty, or quay, within the Island; 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
imprisonment with hard labour for any term not exceeding
ten years.

21. Every person who, being a tenant or lodger, or the Larcenyby
tenants or husband or wife of any tenant or lodger, steals any chattel lodgcn,

or fixture let to be used by such person in or with any house
or lodging, shall be guilty of felony, and on conviction there-
of liabte-

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14 LARCENY

(0) if the value of such chattel or fixture exceeds the
sum of ten dollars, to imprisonment with hard
labour for any term not exceeding five years;

( b ) in all other cases, to imprisonment with hard labour
for any term not exceeding two years.

Larceny and
embezzle-
ment by
clerks or
servants.

22. Every person who-
(1) being a clerk or servant or person employed in

the 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 posses-
sion 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
Jamaica Constabulary 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; o r

(b) embezzles or in any manner fraudulently
applies or disposes of for any purpose what-
soever except for the public service any
chattel, money, or valuable security, 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 exceed-
ing ten years.

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23. Every person who, being an officer of the Post Oflice ~ t e a ~ i n g or
department or employed therein, steak or cmbezzles a postal n,cnI by
aticle in course of transmission by post, shall be guilty of ;!&
felony, and on conviction thereof liable-

(a) if the postal article contains any chattel, money,
or valuable security, to imprisonment with hard
labour for any term not exceeding ten years;

(b) in all other cases, to imprisonment with hard
labour for any term not exceeding seven years.

crnbezrle-

2 4 4 1 ) Every person whoConversion.
(i) 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 o r benefit, or the use
or benefit of any person other than the person by
whom he was so entrusted; or

(ii) being a director, member, or officer, of any body
corporate or public company, fraudulently takes
or 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

(iii) (U ) 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; or

(b) having either solely or jointly with any other
person received any property for or on
account of any other pcrson,

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16 LARCENY

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 there-
of liable to imprisonment with hard labour for any term
not exceeding seven years.

(2) Nothing in paragraph (iii) 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 trustee.

25. Every person who, being a trustee of any property
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 it 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 hard labour for any
term not exceeding seven years :

Provided that no prosecution for any offence included

(a) by any person without the sanction of the Director
of Public Prosecutions;

( b ) by any person who has taken any civil proceedings
against such trustee, without the sanction also of
the court or Judge before whom such civil proceed-
ings were heard or are pending.

in this section shall be commenced-

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LARCENY 17

26.--(1) Every person who, being a factor or agent Factors
entrusted either solely or jointly with any other person for advanocson
the purpose of sale or otherwise with the possession of any oftheir
goods or of any document of title to goods, contrary to or prindpa's.
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
violation of good faith-

(i) 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

(ii) 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 there-
of liable to imprisonment with 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 documents of title, where
they are not made a security for or subject to the payment
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) (U) Any factor or agent in possession of any
goods or any document of title to goods entrusted to him
for the purposes set out in subsection (1) shall be deemed-

obtaining

thc property

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18 LARCENY

(i) to have been entrusted with the possession of the
goods represented by such document of title;

(i i) for the purposes of this section, to have been
entrusted with such goods or document of title
to goods by the owner thereof, unless the contrary
is shown in evidence.

( b ) Every contract pledging or giving a lien upon
such document of title shall be deemed to be a pledge of
and lien upon the goods to which it relates.

(c) Any such factor or agent 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 in his behalf.

(d) Where any Ioan or advance is made in good
faith to any factor or agent entrusted with and in posses-
sion of any such goods or documents of title on the faith of
any contract or agreement in writing to consign, deposit,
transfer, or deliver such goods or documents of title, and
such goods or documents of title are actually received by
the person making such loan or advance, without notice
that such factor or agent was not authorized 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 documents of title and within the meaning of this section,
though such goods or documents 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.

( f ) Any contract or agreement whether made
direct with such factor or agent or with any person on his
behalf shall be deemed to be a contract o r agreement with
such factor or agent.

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LARCENY 19

27. Every person who- Frauds by
drector, etc.

(1) being a director, public officer, or manager, of any
body corporate or public company-

(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 cause 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 com-
pany; or

(ii) with intent to induce any person to
become a shareholder or partner there-
in or to entrust or advance any property
to such body corporate or public com-
pany, 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 or concurs in the making of any false
entry, or omits or concurs in omitting any

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20 LARCENY

Fraudu-
lently in-
ducing per-
sons to in-
vest money.

711965
141h Sch.

material particular, in any book of account
or other document,

shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with hard labour for any term not
exceeding seven years.

28.41) Every person who, by any statement, promise
or forecast which he knows to be misleading, false or
deceptive, or by any dishonest concealment of material facts,
or by the reckless making of any statement, promise or fore-
cast which is misleading, false or deceptive, induces or
attempts to induce another person-

(a) to enter into or offer to enter into-
(i) any agreement for, or with a view to.

acquiring, disposing of, subscribing for or
underwriting securities or lending or deposit-
ing money to or with any industrial and
provident society, co-operative society or
building society; or

(ii) any agreement the purpose or pretended
purpose of which is to secure a profit to
any of the parties from the yield of securities
or by reference to fluctuations in the value
of securities; or

( b ) to acquire or offer to acquire any right or interest
under any arrangements the purpose or effect, or
pretended purpose or effect, of which is to provide
facilities for the participation by persons in profits
or income alleged to arise or to be likely to arise
from the acquisition, holding, management or
disposal of any property other than securities; or

(c) to enter into or offer to enter into an agreement the
purpose or pretended purpose of which is to secure
a profit to any of the parties by reference to

[The inclusion of this page is authorized by L.N. 480119731

LARCENY 21

fluctuations in the value of any property other than
securities.

shall be guilty of a misdemeanour, and liable on conviction
thereof to imprisonment with hard labour for a term not
exceeding seven years.

(2) In this section-
(a) “building society” means a society registered under

the Building Societies Act;
( b ) “co-operative society” means a co-operative society

registered under the Co-operative Societies Act;
(c) “corporation” means any body corporate, in-

corporated whether in Jamaica or elsewhere;
(d ) “debentures” means any debentures, debenture

stock or bonds of a corporation, whether con-
stituting a charge on the assets of the corporation
or not;

(e ) “industrial and provident society” means an
industrial and provident society registered under
the Industrial and Provident Societies Act;

(f) “securities” means-
(i) shares or debentures, or rights or interests

(described whether as units or otherwise) in
any shares or debentures; or

(ii) securities of the Government of Jamaica or
of the Government of any other country; or

(iii) rights (whether actual or contingent) in
respect of money lent to or deposited with,
any industrial and provident society, co-
operative society or building society,

and includes rights or interests (described whether
as units or otherwise) which may be acquired
under any unit trust scheme under which all

IThe inclusion of this page is authorized by L.N. 480/1Y73]

22 LARCENY

property for the time being subject to any trust
created in pursuance of the scheme consists of such
securities as are mentioned in paragraph (i), para-
graph (ii) or paragraph (iii) of this definition;

( g ) “shares” means shares in the share capital of a
corporation or stock of a corporation;

(h) “unit trust scheme” means any arrangements made
for the purpose, or having the effect, of providing
facilities for the participation by persons, as
beneficiaries under a trust, in profits or income
arising from the acquisition, holding, management
or disposal of securities or any other property
whatsoever.

Falsification 29. Every person who-
of accounts.

(i) being a clerk or servant or person employed in the
capacity of clerk or servant wilfully and with intent
to defraud-

(a) destroys, alters, mutilates, or falsifies, any
book, paper, writing, valuable security,
or account, belonging to or in the posses-
sion of his employer, or received by him
for or on account of his employer;
or

(b) makes or concurs in making any false
entry in, or omits or alters, or concurs in
omitting or altering, any material partic-
ular from or in such book or any docu-
ment or account;

(ii) being employed in the public service of Her
Majesty, or being a member of or employed in
the Jamaica Constabulary Force-

(a) destroys, alters, mutilates, or falsifies, any
book, paper, writing, valuable security,

[Thc inclusion of this page is authorized by L.N. 480/19731

LARCENY

or account, belonging to or in the posses-
sion of Her Majesty, or received by him
for or on behalf of Her Majesty; or

( b ) makes or concurs in making any fake
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 bz guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with hard labour for any period not
exceeding five years.

23

30. Every person who wilfully and with intent to Falsificalion
of account defraud- books of a
bank, etc.

(a) makes any false entry in, or alters any yord or
figure in, any of the books of account kept at any
Savings Bank in Jamaica, or by any body corporate
or public company, in which books the accounts
of the owners of any money deposited in such
Savings Bank, or of any stock of any such body
corporate, i s entered and kept; or

(b ) falsifies in any manner any of the accounts of any
such owners in any such books; or

(c) makes any transfer of any share or interest of or
in any such deposit or stock in the name of any
person, not being the true and lawful owner of
such share or interest,

shall be guilty of felony, and on conviction thereof liable
to imprisonment with hard labour for life.

31. Every person who, being a clerk, officer, or servant: CI:rks,etc.,
or pzrson employed in the capacity of a clerk, Officer, or falwdivid-
servant, in any Savings Bank in Jamaica, or by any body
corporate or public company, knowingly and with intent to

making out

me inclusion of this page is authorized by L.N. 4%0l151731

24 LARCENY

defraud makes out or delivers any dividend warrant, or
warrant for payment of any interest or money, for a greater
or less amount than the person on whose behalf such
warrant has been made is entitled to, shall be guilty of
felony, and on conviction thereof liable to imprisonment
with hard labour for any term not exceeding seven years.

Personating

of slack.

32. Every person who falsely and deceitfully personates-
(a) any owner of any share or interest of, or in, any

stock, annuity, or other public fund, which is
transferable at any bank or public office in Jamaica;
or

(b) any owner of any share or interest of, or in, the
capital stock of any body corporate or public
company; or

(c) any owner of any dividend or money payable in
respect of any such share or interest; or

( d ) any owner of any money deposited in any Savings
Bank in Jamaica, or in any Building Society,

and thereby transfers or endeavours to transfer any share
or interest belonging to such owner, or thereby receives or
endeavours to receive any money due to any such owner,
as if such person were the true and lawful owner, shall be
guilty of felony, and on conviction thereof liable to imprison-
ment with hard labour for life.

the owner

Personation 33. Every person who falsely and deceitfully personates
with intent
toobtain any person, or the heir, executor, administrator, wife,

widow, next of kin, or relation, of any person, with intent land, etc.
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.

mhe inclusion of th is page is authorized by L.N. 480/1973]

LARCENY 25

34. Every person who, without lawful authority or excuse, Falsely
the proof whereof shall lie on the accused. in the name of ing ball, W .
any other person, acknowledges any recognizance or bail,
or any cognovit acciowm, or judgment, or any deed, or
other instrument, before any court, Judge or other person
lawfully authorized in that behalf, shall be guilty of felony,
and on conviction thereof liable to imprisonment with hard
labour for any term not exceeding seven years.

acknowledg-

False
pretences.

35. Every person who, by any false pretence-

(1) 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 other person for the use or
benefit or on account of himself or any other
person; or

(2) with intent to defraud or injure any other person,
fraudulently causes or induces any other person-

(a) to execute, make, accept, endorse, or
destroy, the whole or any part of any
valuable security; or

( b ) 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

shall be guilty of a misdemeanour, and on conviction thereof
liable to imprisonment with hard labour for any term not
exceeding five years.

security,

me inclusion of this page is authorized by L.N. 480/19731

26 LARCENY

36. Every person who, in incurring any debt or liability,
obtains credit under false pretences or by means of any
other fraud shall be guilty of a misdemeanour, and on
conviction thereof, shall be liable to imprisonment with or
without hard labour for any term not exceeding two years.

Obtaining
credit by
fraud.
3911967 s. 2.

Robbcry.

4?/1963
s. 2.
9 nf 1972
Sch.

4211963
s. 2.

4211963
92

Sacrilcge.

37.41) Every person who-

(a) being armed with any offensive weapon or instru-
ment, or being together with one other person or
more, robs, or assaults with intent to rob, any
person;

(b) 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 exceed-
ing twenty-one years.

12) Every person who robs any person shall be
guilty of felony, and on conviction thereof liable to imprison-
ment with hard labour for any term not exceeding fifteen
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 ten years.

38. Every person who-

(U) breaks and enters any place of divine worship and
commits any felony therein; or

(b) breaks out of any place of divine worship, having
committed any felony therein,

[The inclusion of this page i s authorized by L.N. 480119731

LARCENY 27

shall be guilty of felony called sacrilege, and on conviction
thereof liable to imprisonment with hard labour for any
term not exceeding ten years.

39. Every person who in the night- Burglary.

(I) breaks and enters the dwelling-house of another
with intent to commit any felony therein; or

(2) breaks out of the dwelling-house of another,

(U) entered such dwelling-house with intent
to commit any felony therein; or

(b) committed any felony in such dwelling-
house,

shall be guilty of felony called burglary, and on conviction
thereof-

having-

(i) where the felony committed in the dwelling-house 4z(1%3
is rape, shall be liable to imprisonment for life; and

Sch.

Sch.
(ii) in any other case shall be liable to imprisonment 9,11972

for a term not exceeding twenty-one years.

40. Every person who- HOUSC-
brca!cing and
committing

(I) breaks and enters any dwelling-house, or any felony.
building within the curtilage thereof and occupied
therewith. or any school-house, shop, warehouse,
counting-house, office, store, garage, pavilion,
factory, or workshop, or any building belonging
to Her Majesty or to any Government department,
or to any municipal or other public authority, and
commits any felony therein; or

m~he inclusion of this page is a u L h ~ r k d by L.N. 480119731

28 LARCEXY

(2) breaks out of any such place, having committed
any felony therein,

shall be guilty of felony, and on conviction thereof-

(a) where the felony committed in any such place is
rape, shall be liable to imprisonment for life; and

(b) in any other case shall be liable to imprisonment
for a term not exceeding ten years.

42/1963
s. 2.
911972
Sch.

Houso
breaking
with intent
to commit
felony.

Being found
by night
armed or in
possession
of housc-
breaking
implcmcnts.

41. Every person who, with intent to commit any felony

(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, or workshop, 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 exceed-
ing seven years.

therein-

42. Every person who is found by night-

(1) armed with any dangerous or offensive weapon or
instrument, with intent to break or enter into any
building and to commit any felony therein, or

(2) 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 house-breaking; or

[The inclusion of this page is authorized by L.N. 480/1973]

LARCENY 29

(3) 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-

(a) if he has been previously convicted of any such
misdemeanour or of any felony, to imprisonment
with hard labour for any term not exceeding ten
years; and

(b) in all other cases, to imprisonment with hard labour
for any term not exceeding five years.

42A.-(1) Every person who- Extortion.
2912005
S. 2.

(a) with a view to gain for himself or another; or

(b) with intent to cause loss to another,

makes any unwarranted demand with menaces, shall be guilty
of the offence of extortion.

(2) For the purposes of this section-

(a) a demand with menaces is unwarrantdd unless the
person making the demand, satisfies the Court
that-

[The Inclusion of thls page in authorized by L.N. 180AIZ006j

LARCENY

(i) he has reasonable grounds for making the
demand; and

(ii) the use of the menaces is a proper means
of reinforcing the demand;

"gain" and "loss" mean a gain or loss, respectively,
in money or other property, including an ofice or
employment, whether or not for remuneration,
whether temporary or permanent and, for the
purposes of this definition-

(i) "gain" includes a gain by keeping what
one has, and a gain by getting what one has
not; and

(ii) "loss" includes a loss by not getting what
one might get and a loss by parting with
what one has;

the nature of the act or omission demanded is
immaterial and it is also immaterial whether or not
the menaces relate to action to be taken by the
person making the demand.

(3) A person who commits an offence under
subsection (1) shall be liable-

(a) on conviction before a Resident Magistrate to
imprisonment with hard labour for a term not
exceeding five years;
- - - - - - - -

(The lnclualon of this page Is ruthorlzed by L.N. 180.4/20061

LARCENY

( b ) on conviction in a Circuit Court to imprisonment for
a term not exceeding fifteen years.

43. [Repealed by Act 29 o f 2005.1

44. [Repealed by Act 29 o f 2005.1

45. [Repealed by Act 29 o f 2005.1

46.-(1) Every person who receives any property knowing Receiving.
it 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 conviction thereof liable-

(a) ir 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
hard labour for any term not exceeding five years.

(2) Every person who receives any mail bag, or any
postal article, or any chattel, or money, or valuable security,
the stealing, or taking, or embezzling, or secreting, whereof
amounts to a felony under this Act, knowing it to have been so
feloniously stolen, taken, embezzled, or secreted, and to have
been sent or to have been intended to be sent by post, shall be
guilty of felony, and on conviction thereof liable to the same
punishment as if he had stolen, taken, embezzled, or secreted
it.

[The Inclusion of this page Is authorized by L.N. 180A12006)

LARCENY

(3) 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.

(4) Every person who, without lawhl excuse,
receives or has in his possession any property stolen or
obtained outside the Island, knowing it to have been stolen or
obtained in any way whatsoever under such circumstances that
if the act had been committed in the Island 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 conviction thereof
liable' to imprisonment with hard labour for any term not
exceeding seven years.

Comptl y
taking a
reward.

47. Every person who corruptly takes any money or
reward, directly or indirectly, under pretence or upon account
of helping any person to recover any property which has,
under circumstances which amount to felony or
misdemeanour, been stolen or obtained in any way
whatsoever, or received, 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
seven years.

PART 111. Summary Ofences

Larceny etc., 48. Every person who-
of dogs. etc..
punishable
summarily. (a) steals any dog, or bird, beast, or animal, ordinarily

kept in a state of confinement or for any domestic
purposes; or

/The inclusion of this page Is authorlzed by L.N. 180,4120061

LAKCEM

( b ) willfully kills any such dog, bird, beast, or animal
with intent to steal the carcase, skin, or any part of the
animal killed; or

(c) unlawfully has in his possession or on his premises
any such stolen dog, bird, beast, or animal, or the skin
or plumage (as the case may be) thereof, knowing
such dog, bird, beast, or animal, or the skin or
plumage (as the case may be} thereof, to be stolen,

shall be guilty of an offence, and on summary conviction in a
Resident Magistrate's Court, liable to a fine not exceeding forty
thousand dollars or three times the value of the thing stolen or
killed, whichever is the greater, or to imprisonment for a term
not exceeding three years.

49. Every person who unlawfully and willfully takes or
destroys, or attempts to take or destroy, any fish, crab, crayfish,
oyster, or turtle, in any water in any private property shall be
guilty of an offence, and on summary conviction in a Resident
Magistrate's Court, liable to a fine not exceeding forty thousand
dollars or three times the value of the things taken or destroyed,
whichever is the greater, or to imprisonment for a term not
exceeding three years

50. Every person who catches, takes, or drives, or causes to
be caught, taken, or driven, any animal from any property
without the consent of the owner or occupier of such property,
shall be guilty of an offence, and on summary conviction in a
Resident Magistrate's Coun liable to a fine not exceeding forty
thousand dollars or three times the value of the animal caught,
taken or driven off, whichever is the greater, or to imprisonment
for a term not exceeding three years.

51. Every person who steals, or with intent to steal cuts,
severs, roots up, or breaks, any part of any fence, whether
growing or not, wooden post, stile, or gate, shall be guilty of

[The ~ncluiwn o t this p g e IS nuthonxzd by L N >110011

I I 2"O
s z

Takmgm
d m v s i n g
fish.

11:2000
s. 2.

Taking
animal with-
ul LrmSCnt
of w n a .

I1:luw
s. 2.

stealing
dC., fencer.
dC

?J

s. 2

1 I !zwn
s. 3

an offence, and on summary conviction in a Resident
Magistrate's Court, liable to a fine not exceeding forty thousand
dollars or three times the value ofthe thing stolen, whichever is
the greater, or to imprisonment for a term not exceeding three
years.

52. Every person who-

(a) offers or exposes for sale any goods, merchandise, 01-
articles whatsoever, which have been unlawfully
taken, or which there is reasonable cause to suspect
have been unlawfilly taken, fiom any ship or vessel
in distress, or wrecked, stranded, or cast on shore;

(h ) is found in possession of any such goods, merchan-
dise, or articles,

and fails to satisfy the court that he came by them lawfirlly,
shall be guilty of an offence and on summary conviction liable
to imprisonment with hard labour for any term not exceeding
three months, or to a fine not exceeding four thousand dollars.

53. Where any person is charged with an offence under
section 13 and the value of the article alleged to be stolen or the
injury alleged to be d o n e

(a) does not exceed five thousand dollars; or
( b ) exceeds five thousand dollars but does not exceed ten

thousand dollars and the person charged consents to
such trial,

such charge may be heard summarily and on conviction the
person charged shall be liable to a fine not exceeding twenty
thousand dollars or to imprisonment with hard labour for any
term not exceeding three months.

54. Every person who publicly advertises a reward for the
return of any property stolen or lost and in such
advertisement-

(a) uses any words purporting that no questions will be
asked of, or enquires made about, the person
producing such property; or

[The i n c l u ~ m a i ihir page 2 % auUlanzrd by L N. xw11

-?

(b) promises or offers to return to any person any money
which he may have paid by way of purchase for, or
advanced by way of loan on such property,

shall be guilty of an offence, and on summary conviction liable
to a fine not exceeding five thousand dollars or in default of
payment thereof to imprisonment with hard labour for any term
not exceeding three months.

55. Where any person is charged with larceny and the value
of the property alleged to be stolen-

,- .

(a) does not exceed five thousand dollars; or
( b ) exceeds five thousand dollars but does not exceed ten

thousand dollars and the person charged consents to
such trial.

such charge may be tried summarily, and on conviction the
person charged shall be liable to a fine not exceeding twenty
thousand dollars or to imprisonment with hard labour for any
term not exceeding three months.

56. Every person who receives any property, the stealing or
obtaining of which is an offence punishable on summary
conviction under this Act, knowing it to have been so stolen or
obtained, shall be liable on summary conviction to the same
punishment to which the person who stole or obtained such
property is liable

PART IV. Generuf
57. Every person who knowingly and wilfully aids, 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.

5 8 . 4 1 ) A wife shall have the same remedies and redress
under this Act for the protection and security of her own
property as if she were a feme 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,

in. inLIYeJOn this PLSC i i nuchoked by L N. IRPOII

I I '21100
5 5

larcalv
unda 1m
ihuuraiid
dullsrs trkblc
summarily.
1 1 :loo0
S. 6 (aXbi.

Hustand and
wife.

nor while they are living apart as to or concerning any act done
by the husband while they were living together concerning
property claimed by the wife, unless such property has been
wrongfdly taken by the husband when leaving or deserting 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.

59. In an indictment against a person for larceny or
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 showing
any particular sums received and not accounted for,

7

Punirhmm 60 -(I) 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 ten years

(2) Every person who commits the offence of simple
larceny, or any offence made punishable like simple larceny,
after having been previously convicted-

(a) of any misdemeanour punishable under this Act; or

(b ) twice summarily of larceny or damage to property,
shall be liable to imprisonment with hard labour for any term
not exceeding seven years.

(3) On conviction of a felony or misdemeanour
punishable under this Act, the court, instead of or in addition

)The induiion or this p a ~ c 13 iurhorizcd by L h 1/2OD?]

LARCENY 37

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 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.

offence under section 28 shall be punishable as if he had 14thSch.
committed such an offence.

(4) Every person guilty of conspiracy to commit an 7ji965

61.41) On the trial of an indictment for obtaining or Procedure.
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
charged and tried together.

(4) If any person who is a member of any partner-
ship, or is one of two or more beneficial owners of any

me inclusion of this page is authorized by L.N. 480/1973]

38 LARCENY

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 the partnership
or one of such beneficial owners.

Arrestwith- 62.--(1) Any person found committing any offence
punishable under this Act, except an offence under section out warrant

45 may be immediately apprehended without a warrant by
any person and forthwith taken, together with the property,
if any, before a Resident Magistrate or Justice to be dealt
with according to law.

(2) Any person to whom any property is offered to
be sold, pawned, or delivered, if he has reasonable cause
to suspect that any offence has been committed against this
Act with respect to such property, shall, if in his power,
apprehend and forthwith take before a Resident Magis-
trate or Justice such person, together with such property,
to be dealt with according to law.

(3) Any constable may take into custody without
warrant any person whom he fmds lying or loitering in any
highway, yard, or other place, during the night, and whom
he has good cause to suspect of having committed or being
about to commit any felony in this Act mentioned, and shall
take such person as soon as reasonably may be before a
Resident Magistrate or Justice to be dealt with according
to law.

Search 63.-(1) If it is made to appear by information on oath
before a Resident Magistrate or Justice that there is reason-
able cause to believe that any person has in his custody or
possession or on his premises any property whatsoever,
with respect to which any offence against this Act has been
committed, such Magistrate or Justice may grant a warrant
to search for and seize such property.

warrants.

me inclusion of this page is authorized by L.N. 480/19731

LARCENY 39

(2) (a) Any constable may, if authorized in writing
by an officer of Constabulary not below the rank of
Superintendent, enter any house, shop, warehouse, yard, or
other premises, and search for and seize any property he
believes to have been stolen, and, where any property is
seized under this section, the person on whose premises it
was at the time of seizure or the person from whom it was
taken shall, unless previously charged with receiving it
knowing it to have been stolen, be summoned before a
Resident Magistrate to account for his possession of such
property, and such Resident Magistrate shall make such
order respecting the disposal of such property and may
award such costs as the justice of the case may require.

(b) It shall be lawful for any such officer of
Constabulary to give such authonty-

(i) when the premises to be searched are, or within
the preceding twelve months have been, in the
occupation of any person who has been convicted
of receiving stolen property or of harbouring
thieves; or

(ii) when the premises to be searched are in the
occupation of any person who has been convicted
of any offence involving fraud or dishonesty and
punishable with imprisonment.

(c) It shall not be necessary for such officer of
Constabulary on giving such authority to specify any
particular property, but he may give such authority if he
has reason to believe generally that such premises are being
made a receptacle for stolen goods.

64.-(1) Whenever any person 5 being proceeded against Evidence.
for receiving any property knowing it to have been stolen,
or for having in his possession stolen property, for the
purpose of proving guilty knowledge there may be given
in evidence at any stage of the proceedings-

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40 LARCENY

(a) the fact that other property stolen within the
period of twelve months preceding the date of the
o h m charged was found or had been in his
possession;

(b) the fact that within the five years preceding the
date of the olience charged he was convicted of
any offence involving fraud or dishonesty:

Provided that this last-mentioned fact may not
be proved unless-

(i) s x e n days' notice in writing has been given
to the offender that proof of such previous
conviction is intended to be given;

(ii) evidence has been given that the property
in respect of which the offender is being
tried was found or had been in his
possession.

(2) On the trial of any indictment for the fraud-
ulent conversion of any property, or the proceeds thereof,
i t shall be prima fucie evidence of such conversion if it is
establishcd by evidence that the person to whom the
property was entrusted-

(a) absconded without accounting; or
(b ) kept out of the way in order not to account; or
(c) having been duly called upon to account failed to

give any satisfactory account of such property or
the proceeds thereof.

(3) No person shall be liable to be convicted of any
offence against sections 9, 10 paragraph (l), 11 paragraphs
(a) and (b), 24: 25, 26, 27 and 28, upon any evidence what-
ever 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

711965
'''hSch.

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LARCENY 41

action, suit, or proceeding which has been bona fde institu-
ted by any person aggrieved.

against sections 9, 10 paragraph (l), 11 paragraphs (a) and
(b), 24, 25, 26, 27 and 28, 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.

(4) In any proceedings in respect of any offence ~ 1 1 9 6 5
14th Sch

65.-(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 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 22 (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 applica-
tion 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.

(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,

me inclusion of this page in authorized by LN. 480/1973]

42 LARCENY

lie shall not by reason thereof be entitled to be acquitted
of obtainiiig such property by false pretences.

(5) U, on ths trial of any two or more persons
indicicd for jointly receiving any property, it is proved that
oiic or more of such persons separately received any part
d such pruperty, the jury may convict upon such indictment
such of the said persons as are proved to have received any
part of such property.

Restitution. 66.-(1) If any person guilty of any such offence as is
mcntioncd 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, thc property shall be restored to the owner
or his representative.

(2) In every casc 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 defined in the Sale of Goods
Act have b-en obtained by fraud or other wrongful means
not amounting to stealing, the property in such goods shall
not revest in the person who was the owner of the goods
or his personal representative, by reason only of the convic-
Lion 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 receivzd by transfer or delivery by some

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LARCENY 43

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;

(b) any offence against sections 24,25 and 26.
(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 it was stolen, and that any
moneys have been taken from the offender on his apprehen-
sion, 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 be delivered to such
purchaser.

67.41) Where any person by any statement which is civil
untrue invites any other person to do any of the things foruntrue
mentioned at paragraphs (a), (b) and (c) of subsection (1) ‘memen‘s.
of section 28, such first-mentioned person shall be liable to 7/1%5

of the said things on the faith of any such statement for the
loss or damage he may have sustained by reason thereof:

Provided that no person shall be liable under this section
in respect of any untrue statement if he proves that he had
reasonable ground to believe, and did up to the time of
making the statement believe that the statement was true
and, in any case where after making the statement he
discovered that it was untrue, did not have any reasonable
opportunity of communicating that fact to the person
suffering the loss or damage.

(2) In this section-

liability

pay compensation to any such other person who does any 14th Sch.

(a) the word “statement” includes promise and fore-
cast; and

(b) a statement shall be deemed to be untrue if, in the
form and context in which it is made, it is mis-

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44 LARCENY

leading or unjustified, and the word “true” in
relation to a statement shall have a corresponding
meaning.

offences 68. Where an offence against this Act is by any other
summarg enactment made punishable on summary conviction,

proceedings may be taken either under such other enact-
ment or under this Act.

punishable

conviction.

me inclusion of this page is authorid by L.N. 480/.19731
Read Entire Law on www.moj.gov.jm