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Charged with Larceny? What You Need to Know
A larceny charge in NSW can be far more serious than many people expect. Even a small-value matter can result in a criminal record, a fine, or imprisonment, with lasting consequences for employment, travel, and professional licensing.
If you have been charged with larceny in Burwood, Sydney CBD, or Parramatta, early legal advice is critical. The way your matter is prepared from the first court date often determines whether you walk away with a non-conviction outcome or a recorded conviction.
An early legal strategy allows your defense team to assess the prosecution evidence, conduct an independent investigation where appropriate, and protect your future from the consequences of criminal charges. Our firm understands that every defendant deserves experienced representation throughout the legal process.
The Australian Legal Practice offers free initial consultations and direct access to principal criminal lawyers across Sydney. Contact our solicitors at any stage of the process to obtain guidance on the most appropriate way to respond to allegations of theft, burglary-related accusations, or embezzlement allegations that may accompany larceny charges.
What Is Larceny?
Larceny is the legal term for theft in New South Wales. It is the act of dishonestly taking and carrying away property belonging to another person, without their consent, with the intention of permanently depriving them of it.
Although larceny is codified in section 117 of the Crimes Act 1900 (NSW), the offence remains a common law offence. This means its elements are defined by judicial decisions, most notably the High Court in Ilich v R (1987) 162 CLR 110.
Larceny covers a wide range of conduct, including:
- Shoplifting from retail stores
- Stealing a wallet, phone, or bag in a public place
- Taking property from a workplace (when committed by a non-employee)
- Stealing from a friend, family member, or housemate
- Taking goods from a parked car or unlocked premises
- Larceny by finding, where lost property is kept rather than returned
Larceny is distinguished from related offences such as robbery (which involves force or threat of force) and break and enter (which involves unlawful entry into premises). It is also distinct from fraud, which involves deception rather than direct taking.
Break and Enter
Break and enter is a distinct offence from larceny and is treated as one of the more serious property crimes under NSW law. It involves forcible or unlawful entry into another person’s house or premises without consent, typically with the intention of committing a serious indictable offence inside. The offence is governed by Part 4, Division 1, Subdivision 4 of the Crimes Act 1900 (NSW) and covers a range of circumstances from entering an unoccupied dwelling to committing the offence in the presence of another person. Penalties vary significantly depending on the type of premises involved, whether the offence was aggravated, and whether a serious indictable offence was committed or intended at the time of entry.
A break and enter charge is not the same as larceny even if property is stolen during the incident. The prosecution must separately establish the unlawful entry element. If you have been charged with break and enter, early legal advice is essential as the maximum penalties are severe and the facts of each matter can significantly affect your options.
Robbery
Robbery is larceny accompanied by force or the threat of force against another person. It is a more serious offence than simple larceny because of the element of personal violence or intimidation involved. Robbery offences are prosecuted under the Crimes Act 1900 (NSW) and carry significantly higher maximum penalties than larceny, with aggravated robbery attracting even greater sentences where, for example, a weapon was used or the victim was in company with others at the time.
The prosecution must establish that force or the threat of force was used immediately before or at the time of the taking, and that it was used in order to commit the theft. Defences available to a robbery charge can include claim of right, self-defence, duress, and necessity, each of which turns on the specific facts of the matter. If you are facing a robbery charge, the seriousness of the offence means you should seek specialist criminal legal advice without delay.
Stolen Goods in Custody
A stolen goods in custody charge arises where a person is found in possession of property that is stolen or otherwise unlawfully obtained. The offence is set out under section 527C of the Crimes Act 1900 (NSW), which refers to it as being a person unlawfully in possession of property. It is important to understand that this charge is distinct from receiving stolen goods. Receiving stolen goods requires the prosecution to prove that you knew the property was stolen, whereas a goods in custody charge only requires proof that you had reasonable grounds to suspect it was stolen or unlawfully obtained.
The maximum penalty for a goods in custody offence is one year imprisonment, or a fine of 10 penalty units, or both, where the property involves a motor vehicle. For all other types of property, the maximum is six months imprisonment, or a fine of 5 penalty units, or both. A statutory defence applies where you can demonstrate you had no reasonable grounds to suspect the property in your possession was stolen. If you have been charged with this offence, the distinction between knowledge and suspicion is critical to your defence and you should obtain legal advice as soon as possible.
Larceny Under Australian Law
The principal larceny offence in NSW is found in section 117 of the Crimes Act 1900 (NSW). The section provides that any person who commits larceny is liable to imprisonment for 5 years.
Several related offences exist for specific types of larceny, each with its own penalty.
Offence | Section | Maximum Penalty |
General larceny | s 117 Crimes Act 1900 | 5 years imprisonment |
Larceny by clerk or servant (workplace theft) | s 156 | 10 years imprisonment |
Larceny from the person | s 94 | 14 years imprisonment |
Larceny in a dwelling-house | s 148 | 7 years imprisonment |
Larceny of motor vehicle or vessel | s 154F | 5 years imprisonment |
Stealing cattle | s 126 | 14 years imprisonment |
Receiving stolen property | s 188 | 10 years (or 12 years if stolen by serious offence) |
Section 118 of the Crimes Act also confirms that an intent to return the property is no defence to a larceny charge. The intent to permanently deprive must be assessed at the time of the taking.
Larceny under section 117 is a Table 1 offence under Schedule 1 of the Criminal Procedure Act 1986 (NSW). This means the matter can be dealt with summarily in the Local Court or on indictment in the District Court. Either the prosecution or the accused can elect to proceed on indictment. In practice, most larceny matters are finalised in the Local Court.
What Must the Prosecution Prove?
To secure a conviction for larceny, the prosecution must prove six elements beyond reasonable doubt (Ilich v R (1987) 162 CLR 110):
- The property was capable of being stolen (tangible property with some value)
- The property belonged to another person at the time of the taking
- The accused took and carried away the property (the asportation element, which can be satisfied by even minimal movement)
- The taking was without the owner’s consent
- The accused intended to permanently deprive the owner of the property at the time of the taking
- The taking was dishonest by the standards of ordinary people, and known by the accused to be dishonest
A skilled larceny defense lawyer will carefully examine the prosecution brief, witness statements, CCTV material, and any investigation undertaken by police. Where weaknesses exist, the defendant may have strong grounds to challenge the charges at trial before a judge or jury, depending on how the matter proceeds.
If the prosecution cannot prove any one of these elements, the charge fails. The standard of proof is beyond reasonable doubt, the highest standard in Australian law.
Penalties for Larceny in NSW
The maximum penalty under section 117 is 5 years imprisonment in the District Court. In the Local Court, the maximum is 2 years per offence, with fines that vary according to the value of the property.
Court / Value | Maximum Imprisonment | Maximum Fine |
Local Court, goods under $2,000 | 2 years | $2,200 |
Local Court, goods $2,000 to $5,000 | 2 years | $5,500 |
Local Court, goods over $5,000 | 2 years | $11,000 |
District Court (any value) | 5 years | Subject to court discretion |
Sentencing options available to the court include:
- Section 10(1)(a) dismissal (finding of guilt, no penalty, no conviction)
- Conditional Release Order (CRO) with or without conviction
- Fine
- Community Correction Order (CCO), up to 3 years
- Intensive Correction Order (ICO), served in the community
- Full-time imprisonment
Most first-time low-value larceny matters result in non-conviction outcomes or community-based sentences. Section 5(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires the court to treat imprisonment as the option of last resort.
Factors that influence sentence severity:
- Value of the property taken
- Whether the offence was planned or opportunistic
- Use of any aggravating tools or methods
- Prior record, particularly previous dishonesty convictions
- Restitution to the victim
- Genuine remorse and cooperation
- Personal circumstances, including mental health, addiction, and financial hardship
The court will also consider the defendant’s personal circumstances, employment history, educational background, and the impact that a conviction may have on future opportunities. The appropriate penalty will depend on the seriousness of the charges and the surrounding facts revealed during the investigation process.
Possible Defences Against Larceny
Several defences can result in a larceny charge being dismissed, withdrawn, or reduced. The right defence depends on the facts of your matter.
- Lack of intent to permanently deprive: A genuine intent to return the property, or honest forgetfulness (such as leaving a shop with goods still in a trolley)
- Claim of right made in good faith: A genuine belief that the property belonged to the accused, even if mistaken
- Honest and reasonable mistake of fact: A genuine belief in facts that, if true, would justify the conduct
- Consent: The owner consented to the taking, even informally
- Belief in abandonment: A genuine belief that the property had been abandoned
- Duress or necessity: The accused was forced to act by threats from another person, or to avoid imminent greater harm
- Mistaken identity: The accused was not the person caught on CCTV or identified by witnesses
- Mental health condition: A section 14 order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), where mental health was a relevant factor and a treatment plan is in place
A skilled Larceny lawyer will examine every element of the prosecution case and identify whether any defence applies, or whether the prosecution evidence falls short on a particular element.
An effective defense often begins with a detailed investigation of the facts. Experienced attorneys will review whether police followed the appropriate process, whether evidence was lawfully obtained, and whether the prosecution can prove every element beyond reasonable doubt.
In some cases, allegations involving burglary or embezzlement may be reduced or withdrawn following negotiations.
Your Options When Charged with Larceny
Once you are charged with larceny, you generally have three pathways to resolve the matter.
- Negotiate with the prosecution. In many cases, your Larceny lawyer can engage with police prosecutors before the matter proceeds to a hearing. This can result in the charge being withdrawn, downgraded, or resolved through a guilty plea to a lesser offence. Strong early submissions, restitution to the victim, and character material can support negotiations.
- Plead not guilty and contest the matter. If you have a genuine defence, or if the prosecution evidence is weak on one or more elements, the matter can proceed to a defended hearing. The prosecution must prove every element beyond reasonable doubt. If it fails on any single element, the charge must be dismissed.
- Plead guilty and focus on the best possible sentence. Where the evidence is strong and no defence applies, an early plea of guilty attracts a sentencing discount of up to 25% and demonstrates remorse. The focus then shifts to securing the most favourable outcome, ideally a Section 10 dismissal or a non-conviction CRO. Strong character references, evidence of restitution, and rehabilitation steps are critical.
The right strategy depends on the strength of the prosecution case, your circumstances, and your priorities. A consultation with an experienced criminal lawyer will identify the best pathway for your matter.
Whether the matter proceeds through negotiations or to trial, obtaining legal help early allows the defendant to understand the process and make informed decisions. A strong defense strategy can significantly influence the future outcome of criminal charges.
Why Choose The Australian Legal Practice for Larceny Charges
The Australian Legal Practice is a Sydney-based criminal law firm well placed to defend larceny charges across Burwood, Sydney CBD, and Parramatta.
- Three court-adjacent offices: Burwood (one minute from Burwood Local Court), Sydney CBD (Chifley Tower), and Parramatta (close to Parramatta Local Court)
- 24/7 availability: Direct access to arrange a consult with our lawyers on (02) 8084 9929, day or night, including weekends and public holidays
- Free initial consultation: Understand your options and the realistic outcomes before committing to any legal action
- Principal-level representation: Every matter is managed by senior solicitors with extensive criminal court experience
- Fixed fee arrangements: Transparent pricing for standard larceny matters, with clear costs disclosure under the Legal Profession Uniform Law (NSW)
- Multi-practice expertise: Criminal law experience drawn from a broader practice that includes traffic, civil litigation, and family law
- Local court knowledge: Regular appearances before Burwood Local Court, Downing Centre Local Court, Parramatta Local Court, and surrounding Local Courts
- Experienced attorneys with extensive criminal law work across Sydney courts
- Strategic defense preparation and independent investigation where required
- Clear communication throughout every stage of the legal process
- Practical help for defendants concerned about employment, travel, and future opportunities
Unlike large firms where clients may have limited access to senior lawyers, our firm prioritises direct communication, practical advice, and an appropriate defense strategy tailored to each case. Contact The Australian Legal Practice today to discuss your charges.
The earliest legal advice often produces the strongest results. Call us now on (02) 8084 9929 to arrange a free consultation.
Larceny Case Studies
The following case studies illustrate the range of larceny matters and outcomes that experienced criminal lawyers handle.
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Frequently Asked Questions
Yes, in many cases. Section 10 dismissals and Conditional Release Orders without conviction are commonly used outcomes for first-time low-value larceny matters. The judge considers character, age, the value of the property, and whether the offence was trivial or out of character.
There is no separate offence of shoplifting in NSW. Shoplifting from a retail store is prosecuted as larceny under section 117 of the Crimes Act 1900 (NSW). For low-value matters, police can issue a Criminal Infringement Notice ($300 fine) instead of charging, which avoids a court appearance and criminal record.
For most first-time low-value larceny matters, imprisonment is unlikely. NSW courts treat imprisonment as the last resort under section 5(1) of the Crimes (Sentencing Procedure) Act 1999. For high-value, repeat, or workplace theft matters, the realistic risk of imprisonment increases significantly.
Under the Criminal Records Act 1991 (NSW), most larceny convictions become “spent” after 10 consecutive crime-free years for adults, or 3 years for children. Once spent, the conviction no longer appears on a standard National Police Check. Convictions where a prison sentence over 6 months was imposed cannot be spent.
If negotiations do not resolve the charges, the matter may proceed to a defended hearing or, in some circumstances, a trial. Depending on the court and the nature of the allegations, evidence may be assessed by a judge or a jury. Our experienced solicitors can guide you through every stage of the process and help prepare the strongest possible defense.
Yes, larceny charges can be withdrawn or negotiated down before a hearing. Common pathways include early submissions identifying weaknesses in the prosecution evidence, full restitution to the victim, character material, and negotiations with the police prosecutor for diversion or a lesser charge.
