If you have stolen or taken property belonging to someone else then you may be charged with larceny. An example of this is if you have taken or stolen a mobile phone belonging to someone else.

Section 117 of the Crimes Act 1900 states 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 5 years.

In order to be found guilty of larceny the prosecution must prove beyond reasonable doubt that you:

• Took property belonging to someone else;
• Did not have permission to take the property;
• Did not intend to return the property to its owner, therefore permanently depriving the owner of it.;

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the Larceny charge, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.

It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself.

It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.

Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The offence of Larceny carries a maximum penalty of a fine of $5,500.00 and or 12 months imprisonment in the Local Court where the value of the property stolen does not exceed $5,000.00 and a maximum penalty of $5,500.00 and or 2 years imprisonment in the Local Court where the value of the property stolen exceeds $5,000.00. In the District Court, the maximum penalty for the offence of Stealing/larceny is 5 years imprisonment.

If you are facing charges of Larceny call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge. This is a serious charge, our lawyers will come up with the best strategy for you and strive to achieve the best result.

Pleading Not Guilty

If you disagree with larceny charge, then it is best you enter a plea of not guilty. Defences that can be used in break and enter charges are:

• Duress- your actions taken need to be reasonable in that your conduct was to avoid serious death or injury
• Necessity- where it was vital to prevent serious injury, danger or death
• Self defence
• The property was taken dishonestly
• The property was taken pursuant to a claim of right made in good faith

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you took property belonging to someone else, did not have permission to take the property, did not intend to return the property to its owner, therefore permanently depriving the owner of it.

If the prosecution fails to prove these elements, then you will be found not guilty.