Larceny

Stealing and theft all refer to the act of taking something from someone without their consent AND with the intention to permanently deprive them of that thing.

The crime is not said to be committed until the offender has taken away the item from the owner. However, taking away can simply mean moving it from its original location.

Some examples of larceny include:

• Stealing a motor vehicle;
• Stealing a tangible object of any kind;
• Taking money;
• Stealing, destroying any records of the Court or public office;
• Stealing goods in the process of manufacture;
• Embezzlement; and
• Stealing from a ship in distress or wreck.

 

THE LAW

The offence of Larceny is set out in section 117 of the Crimes Act 1900(NSW) which states:

“whosoever commits larceny … shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.”

The nature and elements of the offence of Larceny were considered in Ilich v R (1986) 162 CLR 110 wherein it was held a person who is lawfully in possession of something cannot be guilty of larceny of it.

 

MAXIMUM/POSSIBLE PENALTY

Larceny can be punished with imprisonment of up to 2 years (if heard in the Local Court) or up to 5 years (if heard in the District Court).

Please note that the penalties mentioned are purely reserved for the worse case offending and are unlikely to be the penalty you might receive.

In NSW, a court can impose any of the following penalties for a Larceny charge of:

• Full-time Imprisonment;
• An Intensive Correction Order (ICO);
• A Community Correction Order (CCO);
• A Conditional Release Order (CRO).

 

THE FACTS THAT MUST BE PROVEN

Since Larceny is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the following matters beyond a reasonable doubt:

• That you took property in question; and
• That belonged to someone else and not you;
• You did so without the owner’s consent; and
• You did so with the intention of permanently depriving the lawful owner of it; and
• You had no claim of right of the property.

 

DEFENCES

Some of the possible defences available for those charged with Larceny include:

• If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”.
• If have a claim of right over the property.

 

CHOICES AT LAW OPTIONS

For Larceny, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.