If you’ve been charged with larceny, you might want to find out more information about the charge and how it could impact your life.
We have included some additional detailed information in the sections below to help you better understand how a larceny charge could affect you.
What does the prosecution need to prove?
In order for you to be found guilty of larceny, the prosecution must prove six elements beyond a reasonable doubt.
If they are unable to prove each and every one of these factors, you will be found ‘not guilty’ of larceny.
1. You took and carried away property
For there to be a larceny, the property must be physically moved away from the owner.
2. The property that was taken belonged to someone else
The property that you took must have been owned, possessed or controlled by someone other than yourself.
3. The person who owned the property did not give permission for you to take it
There will be no larceny if the owner of the property gave you permission or consent to take it. Permission can be written, verbal, or communicated through actions.
4. You did not intend to return the property to the owner
The prosecution must prove that you intended to ‘permanently deprive the owner of the property.’ This means that there will be no larceny where you can prove that you only took the property for some temporary purpose.
However, you will not be able to take property and then claim that you intended to return it at some later date where the evidence shows that you obtained some personal benefit from the property.
5. You did not have a ‘claim of right’ to the property
A ‘claim of right’ means that you honestly and genuinely believed that you were legally entitled to the property.
The entitlement must be a legal rather than a moral entitlement. This means that you must believe that you actually own the property or have an interest in it; you can’t just claim that you were entitled to the goods for some moral purpose.
It won’t be necessary for you to prove that you recovered the exact property that you believed you were entitled to; you will still be able to rely on the defence where you took property of the same value as that which you believed was yours.
For example, if your friend refused to return your guitar valued at $700, and you instead took $700 cash from them, you will be able to claim that you were legally entitled to that $700.
However, you won’t be able to take property worth more than what you were legally entitled to – in the above example, it would be unreasonable for you to take $1000 cash and claim that you were entitled to that sum.
6. You took the property dishonestly
The prosecution must prove that you took the property ‘dishonestly’ – in other words, it must be proved that the theft was not an honest mistake on your part. So, if you honestly forgot to return something to a friend, this will not count as larceny.
The court will determine whether or not your actions were dishonest by applying a ‘reasonable person’ test. This means that the court will consider whether a reasonable person in your position would have acted differently.
What penalties could I face?
As mentioned above, the maximum penalty that you could face for larceny depends on two factors – the value of the property that was taken, and which court your matter is heard in.
- Where the property is worth $5,000 or less, the maximum penalty is 12 months imprisonment, and/or a fine of $5,500.
- Where the property is worth more than $5,000, the maximum penalty is 2 years imprisonment, and/or a fine of $5,500.
Usually, larceny matters are dealt with in the Local Court in front of a magistrate – but in serious cases, your matter might be heard in the District Court before a judge. If your matter is heard in the District Court, you could face a maximum penalty of 5 years imprisonment.
However, imprisonment is only ever used as a last resort. Statistics indicate that the most common penalty for a larceny offence is a fine, with the average fine being $300. The next most common penalty is a section 9 good behaviour bond, which is a good behaviour bond that also incurs a conviction on your criminal record.
Even though the most common penalties may seem lenient, it’s important to get a good criminal defence lawyer on your side. This is because, in most cases, you will end up with a conviction on your criminal record, which can affect your ability to work and travel.
However, with the help of an experienced criminal defence lawyer, you could end up walking away without a conviction at all. This is known as a ‘section 10 dismissal or conditional release order,’ which means that while you will be found guilty of the offence, no conviction will be recorded on your criminal record.