Larceny (NSW)

Larceny is the same offence that is known as theft or stealing in other jurisdictions. The offence of Larceny is contained in section 117 of the Crimes Act 1900 (NSW) and carries a maximum penalty of five years imprisonment. 

What is Larceny?

The offence of Larceny is contained 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.”

There must be a theft of property. For an offence under this provision, the property taken must be something tangible and must have some value. For example, it could include a cheque or even gas but would not include information.

The theft must be of property that lawfully belonged to someone else, that is from someone who had possession of the item. In some cases, people who do not ‘own’ something may still have the right to lawfully possess it.

The following acts constitute Larceny:

• Stealing clothing from a store;
• Not scanning all of your groceries at the self serve check out;
• Stealing money from the cash register at work.

What Must be Proven?

For a person to be found guilty of Larceny, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you took property;

• That belonged to someone else;

• You did so without the owner’s consent;
• With the intention of permanently depriving the owner of it; and
• The property was taken dishonestly. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

If the value of the property exceeds $5000, it is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

If the value of the property is less than $5000, it is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Possible Defences to Larceny;

The following defences may be available for a Larceny charge:

• Claim of right
• There was no intent to permanently deprive
• The taking wasn’t dishonest. 

Common Questions about Larceny

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible, but it often depends on the value of the item stolen. 

In NSW, a Court can impose any of the following penalties for a Larceny charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for an offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence can completely rule out certain career paths such as teaching and a range of government employment options. 

Will I go to Gaol?

Gaol is likely in circumstances where the value of the item stolen was very high, or where there was a high degree of planning and sophistication about the crime. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.