Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Larceny By Finding (NSW)
Is “finders keepers” a crime? In some circumstances, a person can be charged with larceny by finding. The law expects the finder to make reasonable efforts to locate the owner before deciding to keep the property. Then, unless the original owner makes a claim, the finder will have the best claim of right over the property.
Larceny is the crime of taking property or money that belongs to another, regardless of value. The High Court defined larceny in the leading case of Ilich v R in 1987:
“A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.”
Section 117 of the Crimes Act 1900 states the maximum punishment for larceny is a maximum of 5 years imprisonment. The maximum penalty is 2 years if the matter is dealt with in the Local Court.
What police must prove
There are seven elements that must be proven, beyond a reasonable doubt, for a court to find a person guilty of larceny.
The four physical elements are that a person:
- took and carried away;
- property capable of being stolen;
- which belonged to another;
- without the consent of the owner.
The three mental elements are that a person acted:
- with the intention to permanently deprive the owner;
- without a claim of right; and
- fraudulently or dishonestly.
In relation to larceny by finding, the critical element is the mental element of fraud or dishonesty. The question is: was the person acting fraudulently or dishonestly when they took the property?
To prove the person acted fraudulently or dishonestly, the prosecution will need to show the person did not take all reasonable steps to find the property’s owner. This needs to be assessed on a case-by-case basis.
If a person genuinely believes the property is lost, and they genuinely believe the property owner cannot be found, they cannot be found guilty of larceny by finding.
A person cannot be charged with the offence if the property has been abandoned i.e. the owner has intentionally given up any interest in the property.
The penalties for larceny by stealing vary because the court must consider a range of factors when sentencing for the offence. These include:
- the value of the money or item taken;
- the type of property, differentiating between items taken out of need and those taken for materialistic reasons;
- any planning or sophistication involved;
- whether the property was taken for personal use or profit;
- whether the person committed the crime alone or in a group;
- any criminal record for the person;
- the plea entered.
Larceny by finding cases
In 2010 a Melbourne couple discovered more than $100,000 that had been sewn into a suitcase they bought from a Salvation Army store. A woman had donated the suitcase, unaware her husband had hidden cash in it. The couple who bought the suitcase were arrested and charged with larceny by finding when they made no attempt to find the luggage’s owner, instead dividing the money into several bank accounts and spending some of it.
In 2013, a Sydney man found a bag on a table in a McDonald’s restaurant. The bag contained $11,700 cash, a Victorian driver’s licence, a Medicare card, an iPhone, a hotel swipe card and other items. The man made no attempt to locate the bag’s owner, instead splitting the money with friends and spending some. He was subsequently convicted of larceny by finding, receiving a 12-month good behaviour bond.
In 1996, a Darwin woman discovered eight Japanese banknotes scattered on a coastal walkway while pushing her infant daughter in a pram. The woman took the notes to a foreign exchange bureau and exchanged seven notes for $671, giving the eighth to a friend. She was convicted of larceny by finding. She appealed on the basis she had a reasonable belief the owner of the banknotes could not be discovered but her appeal was dismissed.
In 1983, a Sydney man found a camera hanging on a fence while he was walking in a laneway. He was charged with larceny by finding and fined $100. The man appealed but was not successful. The court ruled that there was ample evidence, given the nature and value of the camera and where it was found, that it had not been abandoned by the owner. It also pointed to the fact the man had open to him a variety of reasonable options to locate the owner but did not exercise them.
For advice or representation in any legal matter, please contact Armstrong Legal.
In New South Wales it is an offence to escape or try to escape from lawful custody, which is covered…
The right to freedom of political expression is protected under the Australian constitution. This includes taking part in peaceful protests.…
Arson is considered a grave and dangerous crime, due to its potential to cause death and destruction, and quickly. The…
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 criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth