Stealing and Larceny
Accused of Stealing? Understand the Law and Defend Your Future
Stealing and Larceny are both serious criminal offences under Australian law, and the specific terminology can vary slightly depending on the jurisdiction.
Both offences involve dishonestly taking someone else’s property with the intention of permanently depriving them of it. The key difference between stealing and larceny is generally historical or jurisdictional, as larceny is typically used in older or more formal legal settings.
Key Aspects to Consider:
- Penalties: These offences carry a maximum of 5 years imprisonment, with outcomes influenced by the value of the property, criminal history, and aggravating factors.
- Severity: Cases involving violence, threats, or large-scale fraud may be escalated to higher courts with stricter penalties.
- Legal Strategy: Early legal advice is crucial to understand your rights, explore possible defences, and achieve the best possible outcome.
If you are facing a stealing or larceny charge, early legal advice is crucial to understand your rights and the most effective defence strategy.
Larceny is the legal term that is used to describe what is commonly referred to as stealing or theft. Governed by section 117 of the Crimes Act 1900 (NSW), it states that:
“Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.”
This means that, a person has committed larceny if they:
- Take and carry away property belongs to someone else
- Without the owner’s consent
- With the intention of permanently depriving the owner of it
- And to do so dishonestly
Elements the Prosecution Must Prove
Examples of larceny can include:
- Shoplifting
- Theft by employees
- Taking unattended property
- Theft of goods from vehicles or homes
- Pickpocketing or bag snatching
In some cases, the prosecution may apply alternative or related charges such as larceny by clerk or servant, fraud, or stealing as a bailee, each with its own legal elements and consequences. This specification is set out under Section 156 of the Crimes Act 1900 (NSW);
“Whosoever, being a clerk, or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, shall be liable to imprisonment for ten years.”
The meaning of “being a clerk, or servant, fraud or stealing as a bailee”, refers to three serious criminal offences.
- Larceny by clerk or servant refers to an employee stealing from their employer
- Fraud is referred to as a broader offence that encompasses the dishonest conduct that is actioned intended to cause loss
- Larceny by bailee refers to the dishonest appropriation of someone using a property or properties that have been entrusted to them for their own benefit
Possible Defences
Possible defences to this charge are:
- Claim of right – you had a legal right to the property and you were entitled to take it, even if that belief was mistaken
This defence applies even if your belief was unreasonable, as long as you genuinely held that belief at the time - No intent to permanently deprive – larceny requires the intention to permanently deprive the owner of their property. If you took the item with the intention of returning it, this may negate the intent required for this offence
- Honest mistake – you took something because you genuinely had the belief that it was your own and did not realise it belonged to someone else
- Consent – larceny requires that the item be taken without the owner’s consent. If you had consent or had the reasonable belief that you did then the charge may not be proven
- Duress
- Necessity
To be convicted of this offence, the prosecution must prove beyond reasonable doubt that:
- The property was taken or carried away
- The property did not belong to you
- The accused intended to permanently deprive the owner of it
- The act was done dishonestly
- The taking was done without consent
If any of these elements are in doubt, or if a valid legal defence applies, the charge may be dismissed.
Potential Penalties
The maximum penalty that is set out under the Crimes Act is 5 years imprisonment. The penalties may include:
- A fine
- A conditional release order (CRO) with or without conviction
- A community correction order (CCO)
- An intensive correction order (ICO)
- Imprisonment
When deciding your penalty, the courts will consider several factors such as:
- The value of the property that was stolen
- Whether or not the offence was planned or opportunistic
- The offender’s criminal history
- Whether the offender has shown remorse or made restitution
- Personal circumstances
Legal Process
& Options
A larceny charge can seriously impact your future, including your job, travel and reputation. At Brightstone Defence we understand the criminal justice system and know how to secure the best possible outcome for our clients, whether it means avoiding a conviction, reducing the charge or mounting a strong defence.
Pleading
Not Guilty
If you believe that you did not commit the offence, or that there is insufficient evidence to prove the elements of the charge, you can choose to plead not guilty. If you plead not guilty, your matter will proceed to a defended hearing.
Common defences to larceny include:
- Lack of intent
- Claim of right
- Lack of evidence
- Consent
It is the prosecution’s responsibility to prove all elements of the charge beyond reasonable doubt. Your lawyer will test the strength of the evidence and challenge any weaknesses in the prosecution case.
Pleading
Guilty
If you accept the responsibility and choose to plead guilty, the court may offer a discount on sentencing, which will in turn reduce the severity of the penalty imposed. Your lawyer may also:
- Negotiate with the police or prosecution to reduce the charge
- Seek a section 10 dismissal
- Argue for a non custodial sentence if appropriate
Pleading guilty can also be used as a strategic move when the evidence is strong but there is a realistic chance of avoiding conviction. Whether you decide to plead guilty or not guilty it is essential to have legal representation that has your best interests at the forefront. Contact Brightstone Defence today!
In NSW and other Australian jurisdictions, "stealing" and "larceny" are often used interchangeably. However, "larceny" is the technical legal term. “Stealing” is a more general term used in plain language or in the context of specific statutory offences like stealing a motor vehicle or stealing from an employer.
- Yes.
There must be some movement of the item, even minimal. Simply touching or attempting to steal may constitute attempted larceny, but not full larceny unless the item is carried away.
- Yes.
Returning the property after the fact does not negate the original intent to permanently deprive at the time of the taking, which is the key element.
Larceny is an indictable offence, but under Table 1 of Schedule 1 of the Criminal Procedure Act 1986 (NSW), it is triable summarily in the Local Court depending on:
- The value of the property
- The circumstances of the offence
- Whether the prosecution or defence elects a District Court trial
- Yes.
Unlike simple theft or larceny, robbery requires the use or threat of force. Even minimal physical contact or intimidation may be sufficient if it facilitates the theft.
The Crimes Act 1900 (NSW) outlines several robbery-related offences:
Section 95 defines aggravated robbery as robbery committed:
- With a weapon or instrument
- In company with others
- While causing actual bodily harm
This elevates the offence and increases the maximum penalty to 20 years imprisonment.
- Robbery (s 94): Force or threat used to steal.
- Armed robbery (s 97): Robbery committed while armed with an offensive weapon or in company and using violence or threats.
An offensive weapon may include:
- Firearms
- Knives
- Imitation weapons
- and/or Any object used to threaten or cause injury
- Yes.
Section 98 provides for “assault with intent to rob”.
If a person assaults another with the intention of committing a robbery (even if unsuccessful), they may still face charges with a maximum penalty of 14 years.
A Break and Enter offence occurs when a person:
- Breaks into a dwelling or building,
- Enters without consent, and
- Commits a further offence (e.g. larceny, assault, or property damage) or intends to commit such an offence once inside.
This offence is codified under section 112 the Crimes Act 1900 (NSW).
No. The term "breaks" includes:
- Physical force to open a door or window, even if minimal.
- Entry through an already open but closed door or window (if opened without consent).
- Entry via fraud or deception can also suffice in some circumstances.
It is important to note entering through an already open and unlocked door without any manipulation may not constitute a "break" under the traditional definition.
Aggravating factors under section 112(2) the Crimes Act 1900 (NSW) include:
- Being armed with a weapon
- Being in company with others
- Use or threat of violence
- Knowing there are people inside the premises
Special aggravation under section 112(3) the Crimes Act 1900 (NSW) may include:
- Infliction of grievous bodily harm
- Use of a dangerous weapon
- Break and Enter offences under s112 the Crimes Act 1900 and s113 the Crimes Act 1900 are strictly indictable and must be finalised in the District Court.
- Certain less serious related offences (e.g. trespass or minor larceny) may be dealt with in the Local Court.
- Yes.
Intent to commit a serious indictable offence is sufficient for liability under s112(1) the Crimes Act 1900 (NSW). Actual completion of the offence is not required.
- Yes.
These are serious criminal charges that can result in a criminal record, fines, or imprisonment. Early legal advice can help protect your rights, review the evidence, and develop a strong defence strategy.
Obtaining legal advice as soon as possible ensures that you understand your charges, legal options, and potential consequences. It can also help you respond appropriately to police investigations, court proceedings, and bail applications.
While you have the right to represent yourself, these offences are often complex. A criminal lawyer can explain the law, challenge evidence, negotiate with prosecutors, and increase your chances of a favourable outcome.
In NSW and other Australian jurisdictions, "stealing" and "larceny" are often used interchangeably. However, "larceny" is the technical legal term. “Stealing” is a more general term used in plain language or in the context of specific statutory offences like stealing a motor vehicle or stealing from an employer.
- Yes.
There must be some movement of the item, even minimal. Simply touching or attempting to steal may constitute attempted larceny, but not full larceny unless the item is carried away.
- Yes.
Returning the property after the fact does not negate the original intent to permanently deprive at the time of the taking, which is the key element.
Larceny is an indictable offence, but under Table 1 of Schedule 1 of the Criminal Procedure Act 1986 (NSW), it is triable summarily in the Local Court depending on:
- The value of the property
- The circumstances of the offence
- Whether the prosecution or defence elects a District Court trial
- Yes.
These are serious criminal charges that can result in a criminal record, fines, or imprisonment. Early legal advice can help protect your rights, review the evidence, and develop a strong defence strategy.
Obtaining legal advice as soon as possible ensures that you understand your charges, legal options, and potential consequences. It can also help you respond appropriately to police investigations, court proceedings, and bail applications.
While you have the right to represent yourself, these offences are often complex. A criminal lawyer can explain the law, challenge evidence, negotiate with prosecutors, and increase your chances of a favourable outcome.
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