Larceny
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
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L.R.O.
Act
10 of 1919
Amended by
29 of 1925
20 of 1936
25 of 1936
14 of 1939
36 of 1951
172/1961
52 of 1976
136/1976
45 of 1979
17 of 1989
28 of 1996
21 of 2003
19 of 2005
LAWS OF TRINIDAD AND TOBAGO
LARCENY ACT
CHAPTER 11:12
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UPDATED TO DECEMBER 31ST 2014
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
2 Chap. 11:12 Larceny
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Larceny Chap. 11:12 3
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CHAPTER 11:12
LARCENY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Definitions.
4. Simple larceny.
4A. Larceny of or interference with motor vehicles.
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 and other legal documents.
10. Damaging fixtures, trees, etc., with intent to steal.
11. Abstracting electricity.
12. Larceny, etc., of ore from mines, mineral oil, etc.
13. Larceny of postal articles, etc.
14. Larceny in dwelling houses.
15. Larceny from the person.
16. Larceny from ships, docks, etc.
17. Larceny by tenants or lodgers.
18. Larceny and embezzlement by clerks or servants.
19. Stealing or embezzlement by employee of Trinidad and Tobago Post.
20. General deficiency.
21. Conversion.
22. Conversion by trustee.
23. Factors obtaining advances on the property of their principals.
24. Robbery.
25. (Repealed by Act No. 17 of 1989) .
26. Sacrilege.
27. Burglary.
28. Housebreaking and committing arrestable offence.
29. Housebreaking with intent to commit an arrestable offence.
30. Being found by night armed or in possession of housebreaking
implements.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
31. Demanding money, etc., with menaces.
Intent to defraud or injure.
32. Demanding with menaces, with intent to steal.
33. Threatening to publish, with intent to extort.
34. False pretences.
Fraudulently obtaining credit or disposing of property.
35. Receiving.
Postal articles.
Receiving goods stolen outside Trinidad and Tobago.
36. Punishments.
Simple larceny.
37. Proof.
Trial of persons together.
Co-partnership property.
38. Arrest without warrant.
Arrest on suspicion.
39. Search warrants.
40. Evidence.
Compulsory disclosure in civil action.
Compulsory disclosure in bankruptcy.
41. Possible verdicts on charges of embezzlement, larceny, or false
pretences.
42. Restitution.
Writ of restitution.
Payment to purchaser from moneys found on offender.
43. Offences punishable on summary conviction.
44. Corruptly taking a reward.
4 Chap. 11:12 Larceny
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Larceny Chap. 11:12 5
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
1950 Ed.
Ch. 4 No. 11.
10 of 1919.
Commencement.
Short title.
Interpretation.
Ch. 47:01.
CHAPTER 11:12
LARCENY ACT
An Act relating to Larceny and Kindred Offences triable on
indictment.
[19TH MAY 1919]
1. This Act may be cited as the Larceny Act.
2. (1) In this Act—
“document of title to goods” includes any bill of lading, India
warrant, dock warrant, warehousekeeper’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 authorising or purporting to authorise,
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 State 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;
“mail”, “mail bag”, “employee of Trinidad and Tobago Post”,
“postal article”, “Trinidad and Tobago Post” and “in course
of transmission by post” have the same meanings in this Act
as in the Post Office Act;
“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 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
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Definitions.
“Steals”.
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 the 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 the trust has 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 security” 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 Commonwealth country
or of any foreign State, or in any stock, annuity, fund 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 as defined above.
(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 communication between the
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—
(a) 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
anything capable of being stolen, with intent, at
the time of the taking permanently to deprive the
6 Chap. 11:12 Larceny
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Larceny Chap. 11:12 7
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
“Takes”.
“Carries away”.
“Owner”.
Property.
Fixtures.
owner thereof; but 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
the same to his own use or the use of any person
other than the owners;
(b) the expression “takes” includes obtaining the
possession—
(i) by any trick;
(ii) by intimidation;
(iii) under a mistake on the part of the owner
with knowledge on the part of the taker
that possession has been so obtained;
(iv) by finding, where at the time of the finding
the finder believes that the owner can be
discovered by taking reasonable steps;
(c) the expression “carries away” includes any
removal of anything from the place which it
occupies, but, in the case of a thing attached,
only if it has been completely detached;
(d) the expression “owner” includes any part
owner, or person having possession or control
of, or a special property in, anything capable of
being stolen;
(e) everything which has value and is the property
of any person, and if adhering to the realty then
after severance therefrom, is capable of being
stolen except that—
(i) save as expressly provided below with
respect to fixtures, growing things, ore
from mines and mineral oils, anything
attached to or forming part of the realty is
not capable of being stolen by the person
who severs the same from the realty,
unless after severance he has abandoned
possession thereof; and
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Wild animals.
Simple larceny.
Larceny
of or
interference
with
motor
vehicles.
[17 of 1989].
Ch. 48:50.
Ch. 4:20.
Larceny of
cattle.
“Cattle”.
(ii) the carcase of a creature wild by nature and
not reduced into possession while living is
not capable of being stolen by the person
who has killed the creature, unless after
killing it he has abandoned possession of
the carcase.
4. Stealing for which no special punishment is provided
under this or any other Act for the time being in force shall be
simple larceny and punishable with imprisonment for five years.
4A. (1) Any person who—
(a) steals a motor vehicle;
(b) with intent to steal, removes, obliterates, defaces,
tampers with or renders in any way illegible or
alters the engine number or chassis number of a
motor vehicle; or
(c) without the consent of the owner, repaints or alters
in any way the appearance of a motor vehicle; or
(d) receives, or is in possession of, a motor vehicle
knowing the same to have been stolen,
is liable upon summary conviction to imprisonment for ten
years and upon conviction on indictment to imprisonment for
fifteen years.
(2) In this section the term “motor vehicle” shall have
the same meaning ascribed to it under the Motor Vehicles and
Road Traffic Act.
(3) The penalty on summary conviction provided in this
section shall have effect notwithstanding the provisions contained
in subsection (5) of section 100 of the Summary Courts Act.
5. Any person who steals any cattle is liable to
imprisonment for seven years.
In this section, the term “cattle” includes horses, asses, mules,
kine, sheep, goats and swine, as well as all horned cattle.
8 Chap. 11:12 Larceny
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Larceny Chap. 11:12 9
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Killing animals
with intent to
steal.
Larceny, etc., of
dogs.
Larceny of
Wills.
Larceny of
documents of
title to land and
other legal
documents.
6. Any person who wilfully kills any animal with intent to
steal the carcase, skin, or any part of the animal killed is liable to
the same punishment as if he had stolen the animal, provided that
the offence of stealing the animal so killed would have amounted
to an arrestable offence.
7. Any person who—
(a) steals any dog after a previous summary
conviction of any such offence;
(b) unlawfully has in his possession or on his
premises any stolen dog, or the skin thereof,
knowing the 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 such 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,
is liable to imprisonment for eighteen months.
8. Any person who steals any Will, codicil, or other
testamentary instrument, either of a dead or of a living person, is
liable to imprisonment for ten years.
9. Any person who steals the whole or any part of—
(a) any document of title to lands;
(b) any record, writ, return, panel, petition, process,
interrogatory, deposition, affidavit, rule, order,
warrant of attorney, or any original document of
or belonging to any Court of record or relating
to any cause or matter, civil or criminal, begun,
pending or terminated in any such Court; or
(c) any original document relating to the business of
any office or employment under the State, and
being or remaining in any office appertaining to
any Court of Justice, or in any Government
building or public office,
is liable to imprisonment for five years.
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Damaging
fixtures, trees,
etc., with intent
to steal.
10. Any person who—
(a) steals or, with intent to steal, rips, cuts, severs or
breaks—
(i) any glass or woodwork belonging to any
building;
(ii) any metal or utensil or fixture fixed in or
to any building; or
(iii) 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;
(b) 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 or
underwood growing—
(i) in any place whatsoever, the value of the
article stolen or the injury done being to
the amount of twenty-five cents at the
least, after two previous summary
convictions of any such offence;
(ii) in any park, pleasure ground, garden,
orchard or avenue, or in any ground
adjoining or belonging to any dwelling
house, the value of the article stolen or the
injury done exceeding the amount of five
dollars; or
(iii) in any place whatsoever, the value of the
article stolen or the injury done exceeding
the amount of twenty-five dollars;
(c) steals or, with intent to steal, destroys or damages
any plant, root, fruit or vegetable production
growing in any garden, orchard, pleasure ground
or nursery ground, after a previous summary
conviction of any such offence,
is liable to be punished as in the case of simple larceny.
10 Chap. 11:12 Larceny
LAWS OF TRINIDAD AND TOBAGO
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Larceny Chap. 11:12 11
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Abstracting
electricity.
Larceny, etc., of
ore from mines,
mineral oil, etc.
Larceny of
postal articles,
etc.
Larceny in
dwelling houses.
Larceny from
the person.
Larceny from
ships, docks,
etc.
11. Any person who maliciously or fraudulently abstracts,
causes to be wasted or diverted, consumes or uses any electricity
is liable to be punished as in the case of simple larceny.
12. Any person who steals, or severs with intent to steal, the
ore of any metal, or any coal, asphalt or manjack from any mine,
bed or vein thereof, or steals mineral oil from any stratum, well,
reservoir or pipe is liable to imprisonment for two years.
13. Any person who—
(a) steals a mail bag;
(b) steals from a mail bag, Trinidad and Tobago
Post, employee of Trinidad and Tobago Post or
mail, any postal article in course of transmission
by post;
(c) steals any chattel, money or valuable security
out of a postal article in course of transmission
by post; or
(d) stops a mail with intent to rob the mail,
is liable to imprisonment for ten years.
14. Any person who steals in any dwelling house any chattel,
money or valuable security—
(a) if the value of the property stolen amounts to
twenty-five dollars; or
(b) if he by any menace or threat puts any person
being in such dwelling house in bodily fear,
is liable to imprisonment for ten years.
15. Any person who steals any chattel, money or valuable
security from the person of another is liable to imprisonment for
ten years.
16. Any person who steals—
(a) any goods in any vessel, barge, flat or boat of any
description whatsoever within the Gulf of Paria
or in any of the waters surrounding Trinidad and
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Larceny by
tenants or
lodgers.
Larceny and
embezzlement
by clerks or
servants.
Tobago or bound to or from any part of the coast
of Trinidad and Tobago from or to any other part
of the coast of Trinidad and Tobago, or upon any
navigable river or canal or in any creek or basin
within Trinidad and Tobago;
(b) any goods from any dock, wharf, embarcadere,
or quay within Trinidad and Tobago; 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
the vessel,
is liable to imprisonment for ten years.
17. Any person who, being a tenant or lodger, or 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 is liable—
(a) if the value of the chattel or fixture exceeds the
sum of twenty-five dollars, to imprisonment for
five years;
(b) in all other cases, to imprisonment for two years.
18. Any person who—
(a) being a clerk or servant or person employed in
the capacity of a clerk or servant—
(i) steals any chattel, money or valuable
security belonging to or in the possession
or power of his master or employer; or
(ii) 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;
(b) being employed in the public service—
(i) steals any chattel, money or valuable
security belonging to or in the possession
of the State or entrusted to or received or
taken into possession by such person by
virtue of his employment; or
12 Chap. 11:12 Larceny
LAWS OF TRINIDAD AND TOBAGO
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Larceny Chap. 11:12 13
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 13:03.
Stealing or
embezzlement
by employee of
Trinidad and
Tobago Post.
General
deficiency.
Conversion.
(ii) embezzles or in any manner fraudulently
applies or disposes of for any purpose
whatsoever 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,
is liable to imprisonment for ten years and, in the case of a clerk
or servant or person employed for the purpose or in the capacity
of a clerk or servant, if a male under the age of sixteen years, to
undergo corporal punishment as provided for under the Corporal
Punishment (Offenders Not Over Sixteen) Act, in addition to any
other punishment to which he may by law be liable.
19. Any person who, being an employee of Trinidad and
Tobago Post department or employed therein, steals or embezzles
a postal article in course of transmission by post is liable—
(a) if the postal article contains any chattel, money
or valuable security, to imprisonment for life;
(b) in all other cases, to imprisonment for seven years.
20. 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 the 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.
21. (1) Any person who—
(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 so entrusted;
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Conversion by
trustee.
[172/1961
8/1962
136/1976].
(b) 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 the body corporate or public
company;
(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
(d) 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,
is liable to imprisonment for seven years.
(2) Nothing in subsection (1)(c) and (d) 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.
22. (1) Any person who, being a trustee as defined above 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 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 as aforesaid, or for any purpose
other than the public or charitable purpose as aforesaid, or
otherwise disposes of or destroys such property or any part
thereof, is liable to imprisonment for seven years.
14 Chap. 11:12 Larceny
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Larceny Chap. 11:12 15
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Factors
obtaining
advances on the
property of their
principals.
(2) No prosecution for any offence included in this
section shall be commenced—
(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 before whom the civil
proceedings have been had or are pending.
23. (1) Any person who, being a factor or agent entrusted
either solely or jointly with any other person for the purpose of
sale or otherwise with the possession of any 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 violation 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
(b) 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,
is liable to imprisonment for seven years; but no such factor or
agent is liable to any prosecution for consigning, depositing,
transferring or delivering any such goods or documents of title, in
case the same shall not be made a security for or subject to the
payment of any greater sum of money than the amount which, at
the time of the consignment, deposit, transfer or delivery, was
justly due and owing to the agent from his principal, together
with the amount of any bill of exchange drawn by or on account
of the principal and accepted by the factor or agent.
(2) (a) Any factor or agent entrusted as mentioned
above 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 the document of title.
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Robbery.
[17 of 1989].
(b) Every contract pledging or giving a lien upon
the document of title as mentioned above shall be deemed to be
a pledge of and lien upon the goods to which the same relates.
(c) Any such factor or agent as mentioned above
shall be deemed to be in possession of such goods or documents
whether the same are in his actual custody or are held by any
other person subject to his control, or for him or on his behalf.
(d) Where any loan or advance is made in good
faith to any factor or agent entrusted with and in possession 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 the goods or documents of
title are actually received by the person making the loan or
advance, without notice that the factor or agent was not
authorised 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 the 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 as aforesaid or with any person on his
behalf shall be deemed to be a contract or agreement with such
factor or agent.
(g) Any factor or agent entrusted as mentioned above,
and in possession of any goods or documents 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 is shown in evidence.
24. (1) Any person who—
(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;
16 Chap. 11:12 Larceny
LAWS OF TRINIDAD AND TOBAGO
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Larceny Chap. 11:12 17
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 4:20.
Sacrilege.
Burglary.
(b) robs any person and, at the time of or immediately
before or immediately after the robbery, uses any
personal violence to any person,
is liable upon summary conviction to imprisonment for ten years,
and upon conviction on indictment to imprisonment for fifteen years.
(2) Any person who robs any person is liable on
summary conviction to imprisonment for six years, and upon
conviction on indictment to imprisonment for ten years.
(3) Any person who assaults any person with intent to rob
is liable upon summary conviction to imprisonment for three years,
and upon conviction on indictment to imprisonment for five years.
(4) The penalty on summary conviction provided in this
section shall have effect notwithstanding the provisions contained
in subsection (5) of section 100 of the Summary Courts Act.
25. (Repealed by Act No. 17 of 1989).
26. Any person who—
(a) breaks and enters any place of divine worship
and commits any arrestable offence therein; or
(b) breaks out of any place of divine worship,
having committed any arrestable offence therein,
is guilty of sacrilege and liable to imprisonment for ten years.
27. Any person who in the night—
(a) breaks and enters the dwelling house of another
with intent to commit any arrestable offence
therein; or
(b) breaks out of the dwelling house of another,
having—
(i) entered the said dwelling house with intent
to commit any arrestable offence therein; or
(ii) committed any arrestable offence in the
said dwelling house,
is guilty of burglary and liable to imprisonment for fifteen years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Housebreaking
and committing
arrestable
offence.
[28 of 1996
19 of 2005].
Housebreaking
with intent to
commit an
arrestable
offence.
[28 of 1996
19 of 2005].
Being found by
night armed or
in possession of
housebreaking
implements.
[28 of 1996
19 of 2005].
28. Any person who—
(a) breaks and enters any dwelling house or any
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
the State, or to any Government department, or to
any Municipal or other public authority, and
commits any arrestable offence therein; or
(b) breaks out of the same, having committed any
arrestable offence therein,
is liable to imprisonment for ten years.
29. Any person who, with intent to commit any arrestable
offence therein—
(a) enters any dwelling house in the night; or
(b) breaks and enters any dwelling house, place of
divine worship, or any building within the
curtilage, or any school-house, shop, warehouse,
counting-house, office, store, garage, pavilion,
factory or workshop, or any building belonging
to the State, or to any Government department,
or to any Municipal or other public authority,
is liable to imprisonment for seven years.
30. Any person who is found by night—
(a) armed with any dangerous or offensive weapon
or instrument, with intent to break or enter into
any building and to commit any arrestable
offence therein;
(b) having in his possession without lawful excuse
(the proof whereof lies on such person) any key,
picklock, crow, jack, bit or other implement of
housebreaking;
(c) having his face blackened or disguised with
intent to commit any arrestable offence; or
18 Chap. 11:12 Larceny
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Larceny Chap. 11:12 19
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Demanding
money, etc.,
with menaces.
[21 of 2003].
Intent to defraud
or injure.
(d) in any building with intent to commit any
arrestable offence therein,
is liable to imprisonment for ten years.
31. (1) Any person who—
(a) utters, knowing the contents thereof, any letter
or writing demanding of any person with
menaces, and without any reasonable or
probable cause, any property or valuable thing;
(b) utters, knowing the contents thereof, any letter
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;
(c) with intent to extort or gain any property or
valuable thing from any person, accuses or
threatens to accuse either that person or any other
person (whether living or dead) of any such crime,
is liable to imprisonment for fifteen years.
(2) Any 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 person
(whether living or dead) of any crime to which
this section applies, or of any arrestable offence,
compels or induces any person to execute, make, accept, indorse,
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 co-
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 security,
is liable to imprisonment for fifteen years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Demanding with
menaces, with
intent to steal.
Threatening to
publish, with
intent to extort.
False pretences.
(3) This section applies to any crime punishable with
death, or imprisonment for not less than five years, or any assault
with intent to commit any rape, or any attempt to commit any
rape, or 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.
32. Any person who, with menaces or by force, demands of
any person anything capable of being stolen, with intent to steal
the same, is liable to imprisonment for five years.
33. Any person who, with intent—
(a) to extort any valuable thing from any person; or
(b) 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),
is liable to imprisonment for two years.
34. (1) Any person who, by any false pretence, 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, is liable to imprisonment for five years.
20 Chap. 11:12 Larceny
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Larceny Chap. 11:12 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Fraudulently
obtaining credit
or disposing of
property.
Receiving.
[45 of 1979].
(2) Any person who, by any false pretence, with intent
to defraud or injure any other person, fraudulently causes or
induces any other person—
(a) to execute, make, accept, indorse, 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 the same may be
afterwards made or converted into, or used or
dealt with as, a valuable security,
is liable to imprisonment for five years.
(3) Any person who commits any of the following
offences is liable to imprisonment for one year, that is to say:
(a) if in incurring any debt or liability, he has
obtained credit under false pretences, or by
means of any other fraud;
(b) if he has, with intent to defraud his creditors or
any of them, made or caused to be made any
gift, delivery, transfer or sale of or any charge on
his property;
(c) if he has, with intent to defraud his creditors or
any of them, concealed or removed any part of
his property since, or within two months before,
the date of any unsatisfied judgment or order for
payment of money obtained against him.
It shall be prima facie proof of such false pretences or of intent
to defraud if it is established by evidence that at the time such
person incurred the debt or liability, or obtained the credit, he had
not a reasonable prospect of paying the amount due, or that after
any conversion or disposal by such person of the property, he
failed to pay the amount due.
35. (1) Any person who receives any property knowing the
same to have been stolen or obtained in any way whatsoever
under circumstances which amount to an indictable offence is
liable to imprisonment for ten years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Postal articles.
Ch. 47:01.
Receiving goods
stolen outside
Trinidad and
Tobago.
[45 of 1979].
Punishments.
[45 of 1979].
Simple larceny.
(2) Any 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 an
arrestable offence under the Post Office Act or this Act, knowing
the same to have been unlawfully stolen, taken, embezzled or
secreted, and to have been sent or to have been intended to be
sent by post, is liable to the same punishment as if he had stolen,
taken, embezzled or secreted the same.
(3) Any 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) Any person who, without lawful excuse, knowing
the same to have been stolen or obtained in any way whatsoever
under such circumstances that if the act had been committed in
Trinidad and Tobago the person committing it would have been
guilty of an indictable offence receives or has in his possession
any property so stolen or obtained outside Trinidad and Tobago is
liable to imprisonment for seven years.
(5) For the purposes of this section and of any other
written law relating to receivers or receiving, a person shall be
treated as receiving property if he dishonestly undertakes or
assists in its retention, removal, disposal or realisation, or if he
arranges to do so.
36. (1) Any person who commits the offence of simple
larceny after having been previously convicted of an arrestable
offence is liable to imprisonment for ten years.
(2) Any person who commits the offence of simple
larceny, or any offence made punishable like simple larceny, after
having been previously convicted—
(a) of an offence other than an arrestable offence
punishable under this Act; or
(b) twice summarily of larceny or damage to
property,
is liable to imprisonment for seven years.
22 Chap. 11:12 Larceny
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Larceny Chap. 11:12 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Proof.
Trial of persons
together.
Co-partnership
property.
Arrest without
warrant.
[45 of 1979].
Arrest on
suspicion.
Search warrants.
37. (1) An allegation in an indictment that money or bank
notes have been embezzled or obtained by false pretences can, 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 the part has been returned accordingly.
(2) 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.
(3) Any person who is a member of any co-partnership,
or is one of two or more beneficial owners of any property,
steals or embezzles any such property of or belonging to the
co-partnership or to such beneficial owners, is liable to be dealt
with, tried and punished as if he had not been or was not a
member of the co-partnership or one of the beneficial owners.
38. (1) Any person found committing any offence
punishable under this Act, except an offence under section 33,
may be immediately apprehended without a warrant by any
person and forthwith taken, together with the property, if any,
before a 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 Magistrate or Justice the person offering the same,
together with the property, to be dealt with according to law.
39. (1) If it is made to appear by information on oath before
a Magistrate or Justice 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
offence against this Act has been committed, the Magistrate or
Justice may grant a warrant to search for and seize the same.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Evidence.
(2) Any constable may, if authorised in writing by a
chief officer of Police, 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 in
pursuance of 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 the same knowing it to
have been stolen, be summoned before a Magistrate to account
for his possession of such property, and the Magistrate shall make
such order respecting the disposal of the property and may award
such costs as the justice of the case may require.
(3) Any chief officer of Police may give such authority
as mentioned above—
(a) 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
(b) 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.
(4) It shall not be necessary for the chief officer of Police
on giving such authority to specify any particular property, but he
may give such authority if he has reason to believe generally that
the premises are being made a receptacle for stolen goods.
(5) In this section “chief officer of Police” means the
Commissioner of Police or other officer having the chief
command in any Police District.
40. (1) Whenever any person is being proceeded against 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—
(a) the fact that other property stolen within the period
of twelve months preceding the date of the offence
charged was found or had been in his possession;
24 Chap. 11:12 Larceny
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Larceny Chap. 11:12 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Compulsory
disclosure in
civil action.
Compulsory
disclosure in
bankruptcy.
Possible
verdicts on
charges of
embezzlement,
larceny or false
pretences.
[45 of 1979].
(b) the fact that within the five years preceding the
date of the offence charged he was convicted of
any offence involving fraud or dishonesty.
This last-mentioned fact may not be proved
unless—
(i) seven days’ notice in writing has been
given to the offender that proof of the
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) No person is liable to be convicted of any offence
against sections 8, 9(a), 21, 22, and 23 upon 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.
(3) In any proceedings in respect of any offence against
sections 8, 9(a), 21, 22, and 23, 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.
41. (1) If, on the trial of any indictment for any offence
against section 18 (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 is 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 is liable to be punished accordingly.
(2) 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
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Restitution.
Writ of
restitution.
Ch. 82:30.
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 is liable to be punished accordingly.
(3) 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.
(4) 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 the property, the jury
may convict upon the indictment such of the said persons as are
proved to have received any part of the property.
42. (1) If any person guilty of any such offence as is mentioned
in this Act, in stealing, taking, obtaining, extorting, embezzling,
converting or disposing of, or in knowingly receiving, any property, is
prosecuted to conviction by or on behalf of the owner of the 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 the 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 except that
where goods as defined in the Sale of Goods Act have been
obtained by fraud or other wrongful means not amounting to
stealing, the property in the goods shall not re-vest in the person
who was the owner of the goods or his personal representative,
by reason only of the conviction of the offender.
(3) 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 the same had been stolen;
(b) any offence against sections 21, 22, and 23.
26 Chap. 11:12 Larceny
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Larceny Chap. 11:12 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Payment to
purchaser from
moneys found
on offender.
Offences
punishable on
summary
conviction.
Corruptly taking
a reward.
(4) 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 the purchaser, order that out of such moneys
a sum not exceeding the amount of the proceeds of the sale be
delivered to the purchaser.
43. Where an offence against this Act is by any other Act
made punishable on summary conviction, proceedings may be
taken either under such other Act or under this Act.
44. Any 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 an indictable offence, been stolen
or obtained in any way whatsoever or received, is (unless he has
used all due diligence to cause the offender to be brought to trial
for the same) liable to imprisonment for seven years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
