Section 162 Crimes Act | Larceny by Joint Owner


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Everyone knows that stealing (also known as larceny) is against the law, but many people are unaware that you can also be charged with larceny if you own property jointly and steal that property without permission from the other owner(s).

This offence is contained in section 162 of the Crimes Act.

It refers to situations where you are a member of a “copartnership” and you steal or embezzle property belonging to the copartnership.

Under the law, a copartnership may extend to property owned by a corporation or society of which you are a member.

If you are found guilty of this offence, you could face the same penalty as larceny, which is 5 years imprisonment.

However, this is a maximum penalty, and it will therefore only apply in the most serious of cases.

With the help of our experienced criminal defence lawyers, you can avoid these heavy maximum penalties – and potentially escape conviction altogether.

The Legislation

Section 162 of the Crimes Act 1900 deals with the offence of “larceny by joint owners” and reads as follows:

162 Larceny etc by joint owners

Whosoever, being a member of any copartnership, or being one of two, or more, joint owners, steals, or embezzles, any property of, or belonging to, such copartnership, or joint owners, may be convicted of, and punished for, the offence as if he or she was not a member of the copartnership, or one of such joint owners.

Copartnership” shall, for the purposes of this section, include all corporations and societies whatsoever.

Why Sydney Criminal Lawyers?

At Sydney Criminal Lawyers, we pride ourselves on our proven track record of winning even the most complex criminal cases.

As Sydney’s leading criminal defence team, our specialists have the knowledge and experience to ensure that you get the best possible defence in your larceny case.

Our lawyers regularly defend and win complex larceny cases, including “larceny by joint owner” cases.

Unlike other lawyers, who may urge you to go to court, we always strive to have matters resolved at an early stage outside of court by identifying problems with the prosecution case.

This means that our clients often do not have to undergo a lengthy and expensive defended hearing or trial.

Where the prosecution refuses to drop the charges, you can rest assured that our expert lawyers will thoroughly prepare a strong defence case to maximise your chances of being found “not guilty.”

Our highly regarded advocates will carefully prepare all the evidence and examine witnesses in a compelling manner.

Alternatively, should you wish to plead guilty, our lawyers will present persuasive sentencing submissions which urge the magistrate or judge to impose the most lenient penalty possible.

Our dedicated advocates will also push to have the matter heard in the Local Court, where the maximum penalties are much lower.

For the best defence in your “larceny by joint owner case,” contact us on (02) 9261 8881 and book your FREE first conference with our criminal law experts.