What is Stealing?
The definition of stealing (or larceny) is the fraudulent taking and carrying away of property with the intent to permanently deprive the owner of the property.
This is an offence under s117 of the Crimes Act 1900 NSW.
A very common example of an offence under this section is shoplifting.
In order to prove a charge of larceny, the prosecution must prove beyond a reasonable doubt:
- That the property must belong to someone other than the accused;
- That it must be taken and carried away;
- The taking must be without the consent of the owner of the property; and
- There was an intention to permanently deprive the owner of the property.
- Claim of right over the property, that is, a belief that you were entitled to take possession of the property;
- Duress; and
The maximum penalty if you are convicted in the Local Court is:
If the value exceeds $5000- 2 years imprisonment;
If the value DOES NOT exceed $5000- 12 months imprisonment or a fine of $5500; and
If the value DOES NOT exceed $2000- 12 months imprisonment or a fine of $2200.
If you are convicted in the District Court, the maximum penalty is 5 years imprisonment.
If you decide to plead guilty, you can avoid a conviction if you can persuade the Court to give you a section 10. To obtain the best result you need an experienced Criminal Defence Lawyer who has the time to provide you with honest and realistic advice together with careful preparation of your case.
If you have been charged with larceny, please contact Benjamin & Leonardo Criminal Defence Lawyers to arrange a FREE conference.