What is Larceny?
Larceny is often referred to as a ‘shoplifting’ offence, where an item was taken from a store or shop.
However, it is not limited to this, and it can also involve any taking or carrying away of an item or property from its rightful owner without their consent, and with the intent of permanently depriving the owner of it.
While the implications of a conviction for such a charge can be significant, it is a charge that is quite often defended or dismissed on the basis of vague or ambiguous evidence.
Larceny & The Law
Larceny is an offence under Section 117 of the Crimes Act 1900 (NSW).
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused took property that did not belong to them; and
The property was taken from its original location
The taking of the property was done without the consent its rightful owner; and
The accused took the property with an intention of permanently depriving the rightful owner
Going to Court – “What am I looking at?”
The penalty imposed for such an offence varies according to the value of the property taken.
If the value does not exceed $2,000, the maximum penalty may be a fine of up to $2,200 in the Local Court.
Larceny carries a maximum penalty of a $5,500 fine and/or 12 months imprisonment if the matter remains in the Local Court before a Magistrate, and the value of the property does not exceed $5,000 but is greater than $2,000.
If the value of the property exceeds $5,000, then a maximum penalty can be increased to up to 2 years imprisonment in the Local Court.
If the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence and any aggravating features, the maximum penalty can be up to 5 years imprisonment.
Lawyer Call – here to help..
Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and fighting this in Court at a Defended Hearing in the Local court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist the case and present the best possible submissions before a Judge for a more lenient sentence.