Larceny
Being charged with larceny can carry a great burden on your life including affecting your ability to work and obtain financial assistance in the future. Our goal at Criminal Lawyers – Defending You is to reduce this burden by providing honest and relevant legal advice and the strongest possible defence against your charges. You can significantly increase your chances of receiving a favourable penalty or a not-guilty verdict by getting an experienced criminal defence lawyer on your side.
Please see below for more information on the offence that relates to you. If you have any further questions or want to discuss your situation with proficient and experienced lawyers, contact our team at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.
Larceny
Larceny is an offence under section 117 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You took and carried away the property
It must be proved that you physically removed the property and moved away.The property is capable of being stolen
It must be proved that the property stolen was valuable and must be moveable (tangible). This does not include intangible property such as electronic money and cannot be land.The property belonged to another
The property stolen must have an owner, hence it must be proved that the complainant had possession of the property. This means that the complainant must have a degree of physical control, possession, or ownership over the property.Taken without consent
If it is established that the owner of the property granted permission or consent for you to take the property, then the offence of larceny cannot be proven. Consent can be written, verbal, or communicated through actions.Intention to permanently deprive
You intended to permanently deprive the owner of the property.Without a belief in a ‘claim of right’
A ‘claim of right’ means that you honestly and genuinely believed that you were legally entitled to the property. The defendant bears the evidentiary burden if they choose to raise a claim of right, meaning the defendant must prove to a reasonable possibility that they genuinely and honestly believed they are legally entitled to the property. The Prosecution must then disprove this defence beyond reasonable doubt. A claim of right is a legal entitlement, not a moral entitlement.The property was taken dishonestly
You took the property dishonestly. Section 4B of the Crimes Act 1900 (NSW) states that whether the conduct amounts to dishonesty is to be determined by the judge or jury according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people. This is an inquiry into whether an ordinary person would have found your conduct dishonest and whether you would have known that your conduct was dishonest to the ordinary person. The court will consider whether a reasonable person in your position would have acted differently. It is important to note that the Prosecution does not have to prove you knew it was dishonest, they merely must prove the property was taken dishonestly.
Maximum Penalties
The maximum penalty is 5 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available for this charge can include:
A claim of right – where you genuinely believe you are entitled to the property that was stolen (R v Fuge (2001) 123 A Crim R).
Intention to restore – This defence is available if you intended to appropriate the goods
for your own use,
for your own benefit,
or for the benefit of another,
but intended to eventually restore or return the property or the equivalent sum of money (Foster v The Queen (1968) 118 CLR 117). This does not entitle an acquittal on its own.
Honest mistake – for example, you forgot to return something to a friend, or you genuinely did not realise you got overpaid for a job. This will not constitute dishonesty and consequently, the offence of larceny cannot be proven.
Larceny By Clerk or Servant
Larceny by a clerk or servant (also known as an employee) is an offence under section 156 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You were a clerk or servant (employee) to your employer at the time of the offence
You stole property, that is, you took the property without the consent of your employer and intended to permanently deprive your employer of it
Your employer was the owner of that property or had it in their possession
Maximum Penalties
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available for this charge can include:
A claim of right – You honestly and reasonably believed that you had a legal claim to the property
You had no intention of permanently depriving your employer of the property at the time of taking it
The property stolen was not owned by or in the possession of your employer
Taking a Conveyance Without Consent
Under section 154A of the Crimes Act 1900 (NSW), it is an offence to take a conveyance without the consent of the owner. If you commit this offence, you will be deemed guilty of larceny and liable to be indicted for that offence.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You took and drove a conveyance, or took it for the purpose of driving it, secreting it, obtaining a reward for its restoration or pretended restoration, or for any other fraudulent purpose, or
Knowing that any conveyance has been taken without such consent, you drove it or allowed yourself to be carried in or on it
And you did so without having the consent of the owner or person in lawful possession of a conveyance
What Does Conveyance Mean?
According to section 114(2) of the Crimes Act 1900 (NSW), conveyance means any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycles, or any ship, or vessel, used in or intended for navigation. The term drive shall be construed accordingly.
Maximum Penalties
The maximum penalty is 5 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available for this charge can include:
A claim of right – where you genuinely believe you are entitled to the conveyance (R v Fuge (2001) 123 A Crim R).
Intention to restore – If you intended to appropriate the goods for
your own use,
for your own benefit,
or for the benefit of another
but intended to eventually restore or return the property or the equivalent sum of money (Foster v The Queen (1968) 118 CLR 117). This does not entitle an acquittal on its own.