The maximum penalty for the offence of larceny by clerk or servant is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for larceny by clerk or servant (up to $2,000) under section 156 of the Crimes Act is conditional release order without conviction, followed by community correction order, then conditional release order with conviction and fine only, intensive correction order, then imprisonment and section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 10 months and the average non-parole period (the minimum term in prison) is under 2 years.
The most common penalty imposed for larceny by clerk or servant (up to $2,000) – committed before 21/03/2012 under section 156 of the Crimes Act is intensive correction order.
The most common penalty imposed for larceny by clerk or servant (>$2,000 and up to $5,000) under section 156 of the Crimes Act is community correction order, followed by conditional release order without conviction, then fine only and intensive correction order, then conditional release order with conviction.
The most common penalty imposed for larceny by clerk or servant (>$5,000 and up to $15,000) under section 156 of the Crimes Act is community correction order, followed by intensive correction order, then imprisonment, then conditional release order without conviction, then fine only.
The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for larceny by clerk or servant (>$15,000) under section 156 of the Crimes Act is community correction order, followed by intensive correction order, then imprisonment, then fine only.
The average full term prison sentence imposed for the offence is 22 months and the average non-parole period (the minimum term in prison) is 13 months.
The most common penalty imposed for larceny by clerk or servant (amount unknown) under section 156 of the Crimes Act is conditional release order without conviction, followed by community correction order, then fine only, then conditional release order with conviction, then intensive correction order, then imprisonment and section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 6 months.
The most common penalty imposed for larceny by clerk or servant (amount unknown) – committed before 21/03/2012 under section 156 of the Crimes Act is fine only.
In the Higher Courts
The most common penalty imposed for larceny by clerk or servant under section 156 of the Crimes Act is Intensive Correction Order, followed by imprisonment.
The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 3.5 years.
The most common penalty imposed for accessory after the fact to larceny by clerk or servant under section 156 of the Crimes Act is section 9 bond.
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