Larceny
Larceny (Stealing)
Larceny commonly know as stealing, is an offence under Section 117 of the Crimes Act 1900 (NSW). The offence refers to non-violent theft, where the offender takes property without the owner’s consent, but does not use force or threats as in robbery.
These charges can range from minor incidents like shoplifting to more serious cases involving high-value property. Facing a larceny charge can be stressful, but understanding the legal process and your options is the first step toward protecting your rights.
What Must the Prosecution Prove?
The prosecution must prove the following beyond reasonable doubt:
- The property belonged to someone else.
- The accused took and carried the property away.
- The taking was without the owner’s consent.
- The accused intended to permanently deprive the owner of the property.
- The accused did not have a valid claim of right (made in good faith).
- The accused took the property dishonestly.
Defences to Larceny
- Claim of right: The accused believed they had the right to take the property.
- Self-defence: The accused took the property to protect themselves.
- Not in company: The accused was not with anyone else who committed the offence.
- Not aware of dangerous weapon: The accused was unaware that a weapon was involved.
- False allegation: The accused was falsely accused.
- Mistaken identity: The accused was wrongly identified.
- Mental illness: The accused was unable to understand the nature of their actions.
- Duress or necessity: The accused was forced to commit the act under threat or necessity.
- Intoxication: The accused was intoxicated and unable to form intent.
Penalties for Larceny
Penalties for larceny depend on the value of the stolen property:
- Up to $2,000: 2 years imprisonment and/or a $2,200 fine.
- Up to $5,000: 2 years imprisonment and/or a $5,500 fine.
- Over $5,000: 2 years imprisonment and/or an $11,000 fine.
Why Acting Quickly is Key
The faster we can start working on your defence, the better your chances of achieving a positive result. Early action gives us more time to gather evidence, review any surveillance footage, and build a strong case to present in court.
A larceny conviction can affect your ability to find work, travel, and maintain a clean record. Our goal is to minimise the effect of these charges on your future by fighting for the best possible outcome, whether that’s a reduction in charges or dismissal altogether.
How We Help
At IMS Lawyers Australia, we approach each larceny case by focusing on the specific facts of your situation. Whether your case is heard in the Local or District Court, we prepare a defence tailored to the circumstances of the incident. This might include reviewing the legality of how evidence was obtained, cross-examining witnesses, or raising doubts about intent.
For first-time offenders or cases involving minor theft, we strive to secure outcomes that avoid a criminal conviction, such as conditional release orders. In more complex or severe cases, our priority is to weaken the prosecution’s case and push for reduced charges or an acquittal.
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