There are several different larceny offences under the Crimes Act which may apply in different situations.
For example, you may be charged with the offence of “larceny by bailee” if it is alleged that you fraudulently stole or converted property that was bailed to you.
Property will be bailed to you where the owner of the property gives you possession of the property, but does not transfer ownership.
This often refers to situations where property is given to another person for safekeeping or some other purpose – for example, leaving your car with the valet in a car park, or leaving an item of clothing at a drycleaners to be washed.
The prosecution will need to prove that you stole the property or that you sold it, exchanged it for some other property or gave it away for free to another person.
The maximum penalty if found guilty of this offence is the same penalty that applies in the case of “general” larceny, which is 5 years imprisonment.
However, it’s important to remember that this is the absolute maximum penalty and it will only apply in the most serious cases.
Section 125 of the Crimes Act 1900 deals with the offence of ‘Larceny as Bailee’ and reads as follows:
125 Larceny by bailee
Whosoever, being a bailee of any property, fraudulently takes, or converts, the same, or any part thereof, or any property into or for which it has been converted, or exchanged, to his or her own use, or the use of any person other than the owner thereof, although he or she does not break bulk, or otherwise determine the bailment, shall be deemed to be guilty of larceny and liable to be indicted for that offence.
The accused shall be taken to be a bailee within the meaning of this section, although he or she may not have contracted to restore, or deliver, the specific property received by him or her, or may only have contracted to restore, or deliver, the property specifically.
Why Sydney Criminal Lawyers®?
When you’re facing criminal charges, it can be comforting to know that you’ve got an expert on your side fighting for your freedom.
At Sydney Criminal Lawyers®, we specialise in criminal law. In particular, our expert lawyers have a wealth of experience fighting and winning all types of larceny cases, including “larceny by bailee.”
Our in-depth knowledge of larceny law, coupled with our lawyers’ outstanding advocacy skills, sets us a cut above other Sydney law firms.
We will take the time to listen to your side of the story and advise you of the best way forward in your larceny by bailee case.
Our dedicated lawyers will carefully assess all the evidence in your case in order to identify weaknesses in the prosecution case.
Often, where the evidence is insufficient or inconclusive, we can have charges dropped by writing to the prosecution and advising them of these problems.
Alternatively, if the prosecution refuses to drop the charges, our expert criminal lawyers will prepare a strong defence case, along with any viable defences that you may raise.
We can then present your case in the most compelling manner in court in order to secure the most favourable outcome possible.
Our lawyers are highly respected advocates who have appeared in the Local, District, Supreme and Appeal courts, so you can trust in our expertise, no matter how serious the charges are.
We can also assist you in avoiding a serious penalty if you simply wish to plead guilty to the charges.
In these cases, our specialists will prepare sentencing submissions which illustrate the appropriateness of a lenient penalty.
We have a proven track record of obtaining outstanding outcomes in some of the most serious criminal cases, and our results are unparalleled.
So for the best defence in your larceny by bailee case, get our experts on your side now. Call us on (02) 9261 8881 and book a FREE first conference with our lawyers to discuss your options.