The maximum penalty for the offence of Larceny as Bailee is 5 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 bailee (up to $2,000) under section 125 of the Crimes Act is conditional release order without conviction, followed by conditional release order with conviction and community correction order, then intensive correction order and fine only.
The most common penalty imposed for larceny by bailee (>$2,000 and up to $5,000) under section 125 of the Crimes Act is community correction order, followed by imprisonment, conditional release order without conviction, and fine only.
The average full term prison sentence imposed for the offence is 7 months and the average non-parole period (the minimum term in prison) is 4 months.
The most common penalty imposed for larceny by bailee (>$5,000 and up to $15,000) under section 125 of the Crimes Act is community correction order, followed by fine only, then imprisonment and intensive correction order, then conditional release order without conviction and conditional release order with conviction.
The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 14 months.
The most common penalty imposed for larceny by bailee (>$15,000) under section 125 of the Crimes Act is community correction order, followed by imprisonment, then intensive correction order.
The average full term prison sentence imposed for the offence is 10.5 months and the average non-parole period (the minimum term in prison) is 6 months.
The most common penalty imposed for larceny by bailee (amount unknown) under section 125 of the Crimes Act is fine only, followed by community correction order, then imprisonment and conditional release order without conviction, then intensive correction order.
The average full term prison sentence imposed for the offence is 6 months and the average non-parole period (the minimum term in prison) is 5 months.
The most common penalty imposed for larceny by bailee (amount unknown) – committed before 21/03/2012 under section 125 of the Crimes Act is community correction order and conditional release order without conviction.
In the Higher Courts
The most common penalty imposed for larceny by bailee under section 125 of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.
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