Stealing and theft all refer to the act of taking something from someone without their consent AND with the intention to permanently deprive them of that thing.
The crime is not said to be committed until the offender has taken away the item from the owner. However, taking away can simply mean moving it from its original location.
Some examples of larceny include:
The offence of Larceny is set out 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.”
The nature and elements of the offence of Larceny were considered in Ilich v R (1986) 162 CLR 110 wherein it was held a person who is lawfully in possession of something cannot be guilty of larceny of it.
Larceny can be punished with imprisonment of up to 2 years (if heard in the Local Court) or up to 5 years (if heard in the District Court).
Please note that the penalties mentioned are purely reserved for the worse case offending and are unlikely to be the penalty you might receive.
In NSW, a court can impose any of the following penalties for a Larceny charge of:
Since Larceny is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the following matters beyond a reasonable doubt:
Some of the possible defences available for those charged with Larceny include:
For Larceny, Rep-Revive Criminal Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal Lawyers®:
At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.
If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.