Theft and Larceny

Theft Offence LawyersServing Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Being charged with larceny or theft is a serious matter that can have lasting impacts on your employment prospects and travel opportunities. In New South Wales, “larceny” is the legal term for stealing, and it covers everything from shoplifting to the theft of high value assets. If you are facing allegations of stealing from a business, a vehicle, or another person, securing early legal advice is essential to protecting your reputation and avoiding a permanent criminal record.

At Douglass & Ford, we provide a rigorous and strategic defence for all larceny and property related matters. With over 20 years of combined experience, our solicitors understand that these cases often involve misunderstandings or a lack of criminal intent. We work quickly to examine the prosecution’s evidence, negotiate with police, and ensure you receive the best possible outcome in court.

How we can help you with your larceny case

We understand that being accused of dishonesty can be overwhelming. Our priority is to protect your future through:

• Negotiating Fact Sheets: Police “facts” are often one-sided. We work to amend the official record to reflect the true circumstances of the event, which can significantly reduce the penalty.
• Challenging the Evidence: We review CCTV, witness statements, and forensic evidence to determine if the prosecution can actually prove you intended to permanently deprive the owner of the property.
• Strategic Negotiations: In many cases, we can negotiate with police to have charges withdrawn in exchange for the return of property or participation in a diversionary program.
• Securing Non-Convictions: Our team has a strong track record of achieving Section 10 non-convictions for larceny offences, ensuring that a moment of poor judgment does not result in a lifelong criminal record.
• Mitigating Penalties: If you choose to plead guilty, we assist you in gathering character references and evidence of remorse to argue for the most lenient sentence possible.
• Applying for Legal Aid: We are proud members of the General, Indictable, and Serious Criminal Law Panels, ensuring high-quality legal representation is accessible to everyone in the Shoalhaven region.

What constitutes a larceny charge?

To be found guilty of larceny in New South Wales, the prosecution must prove four key elements beyond a reasonable doubt:

1. The property belonged to someone else.
2. You took and carried the property away.
3. The taking was done without the owner’s consent.
4. You intended to permanently deprive the owner of the property at the time of the taking.

Types of penalties for larceny

The penalty for larceny depends largely on the value of the property stolen and the court where the matter is heard. Possible outcomes include:

• Section 10 (Non-Conviction): The best outcome where the court finds you guilty but does not record a conviction or a criminal record.
• Fines: A financial penalty determined by the severity of the theft.
• Community Correction Order (CCO): A supervised bond that may require you to perform community service or attend rehabilitation.
• Intensive Correction Order (ICO): A custodial sentence served in the community under strict supervision.
• Imprisonment: For high-value thefts or repeat offenders, the court may impose a prison sentence.

Factors the court considers for theft offences

When determining a sentence, a Magistrate or Judge will look at several factors:

• The Value of the Property: Theft of items worth more than $5,000 is treated significantly more seriously than low-value shoplifting.
• Breach of Trust: Was the theft committed against an employer? This is considered an aggravating factor that often leads to harsher penalties.
• Planning and Sophistication: Was the theft a spontaneous act or a calculated, planned operation?
• Restitution: Have you returned the goods or paid back the value of the stolen items?

Common types of larceny charges

• Larceny: The general charge for stealing property from another person or business.
• Shoplifting: Stealing goods from a retail store.
• Larceny by Clerk or Servant: Theft committed by an employee against their employer.
• Stealing from a Dwelling: Theft committed inside someone’s home.
• Goods in Custody: Being found with property that is reasonably suspected of being stolen, even if the police cannot prove exactly where it came from.

Legal defences to your charge

You may successfully defend a larceny charge if one of the following applies to your case:

• Claim of Right: You had a genuine belief that you had a legal right to the property, even if that belief was mistaken.
• Lack of Intent: You did not intend to permanently keep the item (for example, you intended to return it immediately).
• Duress: You were forced to steal the property under a threat of serious harm.
• Identity: The police cannot prove that you were the person who took the property (mistaken identity).

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• the surrounding Snowy Monaro district