Odger's English Common Law

338 LARCENY.
value of £1 growing in any park, pleasure ground, garden,
orchard or avenue, or in any ground adjoining or belonging
to a dwelling-house, or of the value of £5 if growing else-
where, is felony punishable as simple larceny (s. 8 (2) )
(vii.) to steal or destroy or damage with intent to steal
plants, roots, fruit or vegetable productions growing in any
garden, orchard, pleasure ground, nursery ground, hothouse,
greenhouse or conservatory, is now a crime. A first offence
of this kind is only punishable on summary conviction ; any
subsequent offence of the same kind is a felony and punishable
as simple larceny (s. 8 (3) ). But to steal or destroy or damage
with intent to steal cultivated roots or plants, used for the
food of man or beast, growing in any land open or enclosed,
other than any of the places specified above, is a crime only
punishable summarily, however often the offence is repeated. 1
Simple Larceny.
In order to convict a prisoner of simple larceny the pro-
secution must prove six things :
I. That the goods are of such a nature that they can be
stolen.
II. That the goods were in the possession of the person
named in the indictment as their owner.
—
III. That the prisoner took the goods out of the possession
of the owner into his own possession.
IV. That the prisoner took the goods out of the possession
of the owner without his consent.
Y . That the prisoner, when he took possession of the goods,
had the wrongful intention of depriving the owner perma-
nently of the benefits of his ownership.
VI. That the prisoner not only took possession of the
goods, but also carried them away.
I.
" 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
1 21 & 25 Vict. c. 96, s. 37.
:
;