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I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
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 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 and 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.
The penalties that apply to larceny are as follows:
- 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.
What Actions Might Constitute Larceny?
For the offence of larceny to be proven, there must have been a theft of property. The property taken must be something tangible and must have some value. For example, property could include a cheque or even a quantity 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.
There are several valid legal defences to a larceny charge.
No 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 the accused honestly believed that they had a claim of right to the property. The accused would need to show that they genuinely and honestly believed that they had a legal entitlement to the property taken. It must also be a belief that they 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.
A larceny matter will most 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 you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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