Larceny by a Clerk or Servant
Larceny by a clerk or servant is an offence under section 156 of the Crimes Act 1900, Which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You took and carried away the property
- The property belonged to another
- You did not have the owner’s consent, and
- You were a clerk or servant of the owner
The prosecution will also need to prove that at the time of the taking:
- You intended to permanently deprive the owner of the property, and
- Your actions were dishonest.
You must be found not guilty if the prosecution is unable to prove each of those matters
Section 155 of the Act defines a clerk or servant as: ‘Any person employed for any purpose regardless of the position’s duration’
Examples of larceny by clerk or servant may include:
- Taking money from your employer’s cash register
- Taking computers, stationery or other items owned by your employer, or
- Taking stock from your employer’s premises
A defence to the charge is having a ‘claim of right’ over the property, which means you genuinely believed you were legally entitled to it.
Duress and necessity are also defences to the charge
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