What is Larceny?

Larceny is an offence under section 117 of the Crimes Act 1900 (NSW). It generally involves taking and carrying away property belonging to another person without consent, with the intention of permanently depriving the owner of that property.

Common examples can include:

• shoplifting;
• taking another person’s belongings;
• stealing property from a workplace; or
• taking property with the intention of keeping or disposing of it.

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Elements of a Larceny Offence

To prove larceny, the Prosecution must establish each required element beyond reasonable doubt.

1. The Property Belonged to Another Person

The Prosecution must prove that the property was owned or lawfully possessed by someone other than the accused.

2. The Property Was Taken and Carried Away

There must be a taking and movement of the property, even if the movement is relatively slight.

3. The Taking Was Without Consent

The Prosecution must establish that the owner did not consent to the property being taken.

4. The Accused Intended to Permanently Deprive the Owner

The Prosecution must prove that the accused intended to permanently deprive the owner of the property.

This intention is an important part of distinguishing larceny from temporary or accidental possession.

What Are the Penalties for Larceny?

Under section 117 of the Crimes Act 1900 (NSW), larceny carries a maximum penalty of 5 years imprisonment when dealt with on indictment.

Where the matter is dealt with in the Local Court of NSW, lower maximum penalties apply depending on the value of the property involved.

The sentence imposed will depend on factors including:

• the value of the property;
• the circumstances in which it was taken;
• whether the offence involved planning;
• whether the property was recovered;
• the accused person’s criminal history;
• whether the matter proceeds as a guilty plea or defended hearing; and
• the accused person’s personal circumstances.

Depending on the seriousness of the matter, sentencing options may include a Conditional Release Order, Without Conviction, Fine,  Community Correction Order, Intensive Correction Order or Full-time Imprisonment.

Pleading Guilty

If you plead guilty to larceny, the matter will proceed to sentencing.

The Court will consider the seriousness of the offence, the value of the property, your criminal history, personal circumstances, rehabilitation and any remorse shown. A guilty plea may also be taken into account when determining the appropriate sentence.

Your lawyer can prepare sentencing material and make submissions aimed at achieving the most favourable outcome available.

Pleading Not Guilty

If you plead not guilty, the prosecution must prove every element of the offence beyond reasonable doubt.

Your lawyer may challenge issues such as:

• whether you were the person who took the property;
• whether the property belonged to another person;
• whether the owner consented;
• whether you intended to permanently deprive the owner;
• whether the taking was accidental or mistaken;
• the reliability of CCTV or witness evidence; and
• inconsistencies in the prosecution case.

If the prosecution cannot prove the offence beyond reasonable doubt, you should be found not guilty.

Defending a Larceny Charge

Depending on the circumstances, possible defences or issues may include:

• honest claim of right;
• lack of intention to permanently deprive;
• consent;
• mistaken identity;
• duress;
• necessity; or
• challenging the reliability of the prosecution evidence.

An honest claim of right may arise where a person genuinely believed they had a legal entitlement to the property.

Which Court Will Hear a Larceny Matter?

Larceny is generally a Table offence, meaning many matters are dealt with in the Local Court of NSW. More serious matters may proceed on indictment to the District Court of NSW depending on the circumstances and any election made.

Your lawyer can advise you about where your matter is likely to be heard and what to expect throughout the court process.

How We Can Help

At Chidiac & Associates, we understand that a larceny charge can affect your employment, reputation and future.

We can assist by:

• reviewing the police brief and evidence;
• advising you about your plea and legal options;
• identifying possible defences;
• reviewing CCTV, witness and documentary evidence;
• negotiating with prosecutors where appropriate;
• seeking withdrawal or reduction of charges where available;
• representing you at all court appearances; and
• preparing your matter for hearing, trial or sentencing.