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Larceny as a clerk

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton
Andrew Tiedt

The Maximum penalty for the offence is ten years imprisonment.

What court is likely to hear the matter

Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

What the police must prove

In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  • The accused person was a clerk or servant.
  • The property charged was owned by his or her master, or was in the power or possession of the master.
  • The accused person stole the property.

It will be necessary for the police in every offence to prove that the accused was the person who committed the offence.

Possible defences

Possible defences to this offence include but are not limited to

  • Duress
  • Necessity

The law

Section 156 of the Crimes Act states:

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.


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where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.

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