Larceny is the offence stereotypically attached to the titles “theft” and “stealing”. Larceny refers to the most common type of stealing offence and what people would typically turn their mind to when thinking of stealing. To be found guilty of larceny, a person must have taken the property of another without their consent, with an intention to permanently deprive them of their property. A charge against someone for larceny may therefore fail if it cannot be shown that there was an intention to permanently deprive the owner of the property.
The actual act of larceny involves property which is tangible; property in possession of another; property which has been taken and carried away; and the absence of consent of the owner.
Property including land, does not fall under the offence of larceny, as it cannot be taken away, nor do wild animals. Examples of property that can be taken away and which fall under the offence of larceny include personal possessions, domesticated animals, and fixtures on land (which include objects on a piece of land that are removable, for example: flowers, plants, letterboxes).
It is a defence to larceny if the accused person had a “claim of right” to the property. For instance, if an accused person honestly believed that they were legally entitled to the property taken, even if the belief held is unreasonable, then they are not guilty of larceny. This is a defence to similar “stealing” offences.
There is also a form of larceny that is not as obvious and is known as larceny by finding. This is where someone finds property that is not theirs and keeps it, without making reasonable attempts to find the owner.
Penalty
Section 117 of the Crimes Act 1900 (NSW) states that:
Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.
Defences to this charge
Some defences available to this offence include duress, necessity and intoxication.
How can Prime Lawyers help you?
If you have been charged with this offence, you should not rush into pleading guilty without first seeking legal advice.
Our criminal lawyers are experienced with dealing this charge and will investigate the charge against you. We will give you clear advice on how strong or weak the evidence is against you. If you decide to plead guilty we will advise you on the likely penalties and how we can help you have the penalty minimised by representing you at court at sentencing.
If you are defending the matter we will vigorously fight the charge against you by negotiating with the Prosecution and representing you at your court trial.