8. Larceny, robbery and burglary

Larceny

The definition: Taking and carrying away, without the owner's consent and without a claim of right made in good faith, anything capable of being stolen, with intent at the time of taking permanently to deprive the owner (Larceny Act 1916, s.1).

Possession, not ownership: Larceny protects possession. Regina v Manley stressed that it is a deprivation of possession rather than of ownership. Custody (for example, a servant holding the master's goods) is not possession.

Claim of right: An honest belief in a legal right to the property, even if unreasonable, is a defence. Attorney-General v Kamara (CA) upheld an acquittal on that basis; a merely moral claim is not enough.

Larceny by a servant and embezzlement

The distinction: A servant who takes goods received for the master from the master's possession commits larceny; one who appropriates property received on the master's behalf before it reaches the master's possession embezzles. Garber v R (CA) treated the offences under the Act as distinct, and the older WACA decision in Parker v R is regarded as unsafe on this point.

Robbery

Section 23: Robbery is stealing with force or the threat of force. It is aggravated where the offender is armed with an offensive weapon, acts with another, or uses personal violence. John and Four Others v The State is a leading Sierra Leone example.

Punishment: Since 2021, robbery with aggravation carries life imprisonment; simple robbery up to 15 years.

Burglary and housebreaking

Section 25: Burglary is breaking and entering a dwelling-house at night with intent to commit a felony. Housebreaking covers the daytime and other buildings.