Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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."
In New South Wales, the offence of larceny carries a maximum penalty of five years imprisonment. However, if the matter is dealt with in the Local Court, the penalties available are subject to limitations depending on the value of the property stolen:
- If the value exceeds $5,000 the maximum penalty is limited to two years imprisonment and/or 100 penalty units.
- If the value does not exceed $5,000, the maximum penalty is two years imprisonment and/or 50 penalty units.
- If the value does not exceed $2,000 the maximum penalty is two years imprisonment and/or 20 penalty units.
The offence of Larceny is contained in section 117 of the Crimes Act 1900 which states: “whosoever commits larceny shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.”
What Actions Might Constitute “Larceny”?
- 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. Alternatively, courts have also found that prohibited drugs can be subject to larceny though the person has no legal right to possess the drug.
- Intending to return the property, or money or other property of equal value at a later time is not a defence if you or someone else has received a benefit. For example, if item is taken from a store with the intention of returning it to claim a refund.
What the Police Must Prove
In order for a court to find a person guilty of larceny beyond a reasonable doubt, it must be satisfied that:
- The accused you took property that belonged to someone else;
- They did so without the owner’s consent;
- They did so with the intention of permanently depriving the owner of it.
Intention to permanently deprive: It can be defence to Larceny if the intention to permanently deprive the owner of property wasn’t formed at the time the property was taken. There must be some element of dishonesty to the taking of the property: R v Weatherstone. It is not enough for property to be taken, and then the intent to permanently deprive being formed afterwards.
Claim of right: It may also be a defence if you believe that you have a claim of right to the property. You would need to show that you genuinely and honestly believed that you had a legal entitlement to the property taken. It must also be a belief that you were entitled to the entire property taken and not merely part of it.
If you have been charged with an offence under this provision and believe that you may have a defence, you should obtain competent legal advice early on in your matter.
This will depend on the value of the property alleged to have been taken.
If the value of the property exceeds $5,000, it is a Table 1 offence. This means that the matter will likely be dealt with in the Local Court. However the DPP or the defendant can elect to have the matter dealt with in the District Court.
If the value of the property does not exceed $5,000, it is a Table 1 offence. This means that the matter will also be likely to be dealt with in the Local Court; however, the DPP can elect to have the matter dealt with in the District Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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?
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