Larceny and other theft offences

The offence of larceny under section 117 of the Crimes Act 1900 (NSW) carries a maximum penalty of 5 years imprisonment. The prosecution must prove that:

  • You took property
  • It belonged to someone else
  • It was without their consent, and
  • You intended to permanently deprive the owner of it, that is, you intended not to return the property.

The offence of larceny by clerk under section 156 of the Crimes Act 1900 (NSW) carries a maximum penalty of 10 years imprisonment, depending on the value of the property stolen. The prosecution must prove, in addition to the points above that you were a ‘clerk’ or ‘servant’ which means an employee or contractor. The type of conduct that may be alleged includes:

  • Taking stock and keeping it or on-selling it for profit
  • Taking cash from the register or till
  • Transferring funds from a business account to a personal account

Other theft offences include:

  • Break, enter and steal
  • Possess house-breaking implements
  • Steal from dwelling house
  • Goods in custody
  • Receiving stolen goods
  • Illegal use of motor vehicle (joy riding and car stealing)

If you have been charged with an offence, or believe that you are under investigation contact Kingston Fox Lawyers to discuss your matter.