Expert Larceny & Stealing Lawyers in NSW
Facing Stealing Charges? Don’t Risk Your Criminal Record.
Larceny, or stealing, is a common but serious offence that can lead to a criminal conviction, heavy fines, or even imprisonment. The severity of the penalty depends heavily on the value of the property and the circumstances of the offence.
At My Criminal Lawyers, we understand that these charges often arise from misunderstandings, impulse, or extreme duress. We offer a non-judgmental, focused defence to protect your reputation and your future. We meticulously examine the police evidence to challenge the key elements of the charge.
What is Larceny? The Legal Definition in NSW
In New South Wales, the offence of Larceny is dealt with under the Crimes Act 1900 (NSW). It is essentially the common law offence of stealing.
The Legal Elements of Larceny
For the police to prove Larceny, they must establish that you took and carried away property belonging to another person, and that you did so:
- Without the consent of the owner.
- With the intent to permanently deprive the owner of the property.
- The property must be capable of being stolen (i.e., tangible property)
Penalties for Larceny
The maximum penalty varies significantly depending on where the matter is finalised and the value of the property:
- Local Court: Maximum penalty for property valued under $\$5,000$ is 2 years imprisonment.
- District Court: Maximum penalty for Larceny of property is 5 years imprisonment.
- Aggravated Offences (e.g., stealing from a person, stealing by a clerk/servant) carry much higher maximum penalties.
Common Stealing Offences We Defend
Larceny is often charged alongside, or confused with, other stealing and property offences. We provide expert defence for all related matters:
- Shoplifting: Stealing property from a retail premises (often charged as basic Larceny).
- Robbery: Stealing while using or threatening violence (e.g., armed robbery, aggravated robbery).
- Larceny as a Clerk or Servant: Stealing property where the accused had entrusted access due to their employment.
- Larceny by Finding: Keeping property found in a public place where reasonable steps were not taken to return it.
- Goods in Custody: Being found in possession of property suspected of being stolen.
Expert Defences Against Larceny Charges
A successful defence challenges the core elements the prosecution must prove. Our strategic approach focuses on:
Claim of Right
This is one of the strongest defences. If you genuinely and honestly believed you had a legal right to the property, even if that belief was mistaken, the element of intention to permanently deprive the owner unlawfully is defeated.
Lack of Intent to Permanently Deprive
If you only intended to borrow the item, temporarily use it, or hold it as collateral, we can argue the necessary element of permanent intent is missing.
Mental Health Diversion
In cases of minor shoplifting driven by underlying mental health issues (e.g., kleptomania, anxiety), we can seek a Mental Health Diversion under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), which can result in the charges being dismissed without a conviction.
Why Choose My Criminal Lawyers?
Fixed Fees & Certainty
We pioneered the transparent fee model. We offer Fixed Fees for many Larceny and stealing matters so you know your costs upfront, allowing you to focus on your defence, not your legal bill.
NSW Courtroom Expertise
Whether you are appearing in the Local Court for a minor Shoplifting charge or the District Court for Aggravated Robbery, our lawyers have years of experience fighting complex property crime cases across Sydney and Regional NSW.
Protecting Your Record
Our primary goal is to achieve a dismissal or a Section 10 dismissal (no conviction recorded) to ensure your career and travel prospects are not impacted by a criminal record.
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