Charged with stealing or larceny?
Stealing and larceny charges can arise from retail incidents, workplace property, vehicles, money or disputes about ownership and possession. ED Legal provides advice and court representation for stealing offences across Sydney and NSW.
The prosecution case can depend on CCTV, receipts, account records, messages, admissions and evidence about who owned or possessed the property. The required intention is also important.
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How we can help you
We can review the police material, ownership records, CCTV, statements and other evidence and explain what the prosecution must prove. Where the facts are disputed, we can identify issues concerning identification, ownership, consent or intention.
We can advise before a police interview, make representations where appropriate, prepare a defended hearing and represent you at sentence if the charge is admitted or proved.
Before a police interview or court date
If police want to interview you about an alleged stealing offence, get legal advice before deciding whether to participate. An explanation given without understanding the legal issues can become important evidence.
Preserve receipts, messages, bank records and other material that may show ownership, permission or your understanding of the property. Keep any Court Attendance Notice and bail papers.
Understanding larceny in NSW
Larceny is a common-law offence for which section 117 of the Crimes Act 1900 (NSW) provides the general maximum penalty. The prosecution case ordinarily requires proof of a dishonest taking and carrying away of property belonging to another with the required intention.
Ownership, possession and consent
A dispute about who owned, possessed or was entitled to deal with property can be central. Evidence of permission, joint ownership, workplace authority or an asserted claim of right may affect whether the offence is established.
Intention, mistake and claim of right
The prosecution must prove the required dishonest intention. A genuine mistake about ownership, permission or entitlement can be important. An intention eventually to return property does not, by itself, necessarily prevent liability, so the full factual context matters.
Maximum penalty
Section 117 provides a maximum penalty of 5 years imprisonment for larceny, except where another provision applies. The outcome in an individual case depends on the value and nature of the property, the circumstances of the taking, prior history and personal circumstances.
Defending a stealing or larceny charge
A defence may involve disputing the alleged taking, identity, ownership, lack of consent or the required intention.
Where property was taken under an asserted entitlement, the basis for that belief and any supporting documents should be examined carefully.
CCTV or transaction records may not tell the whole story. Messages, receipts, rosters, workplace records or other material can provide context that is missing from the police brief.
Different property offences have different elements. Fraud, robbery, break and enter and receiving offences should not be treated as interchangeable with larceny.
Deciding how to respond at court
Get advice before entering a plea. If the charge is disputed, we can prepare the matter for hearing and consider whether representations should be made about the charge or police facts.
If you intend to plead guilty, the value of the property, recovery or restitution and the agreed facts can be important to sentence.
Related charges and bail
Stealing matters can be accompanied by fraud, break and enter, robbery or breach-of-bail allegations depending on the circumstances. We can advise on the charges together.
If you are in custody or subject to bail conditions, tell us immediately so that urgent issues can be addressed.
Sentencing for stealing offences
Sentencing depends on the value and nature of the property, planning, breach of trust, recovery or restitution, prior record and personal circumstances. We can explain the available sentencing options and prepare material relevant to your case.
Preparing to speak with a lawyer
Tell us the exact charge, the property involved, the court and next date. Have receipts, messages, ownership records, police facts and any bail papers available where possible.
For advice about a stealing or larceny charge, contact ED Legal for a free initial consultation. You can also explore our broader criminal law services.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
