The defendant, while visiting the victim, asked for permission to borrow the victim's car so he could drive to a convenience store to buy cigarettes. In fact, he intended to keep the car and sell it for cash. The victim agreed, and the defendant took the car and drove off. After thinking about it further, the defendant decided that it would be wrong to sell the victim's car, and headed back to the victim's house. On the way back, the car was destroyed in a collision through no fault of the defendant. May the defendant be convicted of larceny?

The first reason why he shouldn't be convicted of larceny is the fact that he took the car with the permission of the owner. Although he thought about selling the car and not bringing it back, but he had a rethink and the accident happened. It was an accident, not deliberate and there is a difference between thinking about something and actually doing it.

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smecloudbird18 smecloudbird18 · Answer 2 · 2022-07-14T14:21:36+02:00

The defendant has committed larceny. The defendant's change of heart after taking the car will not provide him with a defense because it is irrelevant. Larceny requires the taking and carrying away of the tangible personal property of another by trespass. In the instant case, the larceny was committed at the time he took the victim's car with the intent to permanently deprive him of possession. Given that the crime was complete once the defendant drove off, he is guilty of larceny.

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