Going to Court? Book Your Free First Appointment

Larceny by Bailee

Larceny by Bailee is an offence under section 125 of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were the bailee of property, and
  2. You fraudulently took, converted or exchanged any or all of the property for your own purposes or those of another.

A ‘Bailee’ is someone who lawfully takes possession but not ownership of another’s property. Examples include dry cleaners, valet parking attendants, coat check clerks and banks.

The prosecution does not need to prove that a formal contract existed between you and the bailor, who is the person that entrusted you with the property.

Defences to the charge include:

  1. Duress, and
  2. Claim of right, which means you genuinely believed you were legally entitled to the property.

What Our Clients Say SEE ALL

  • ★★★★★

    Glad I had him representing me

    Salam Shammu represented me with a serious driving offence as a p plate driver. He…

  • ★★★★★

    Very clear throughout the entire process

    Would highly recommend Salam Shammu. He was thorough in his approach to the case and…

  • ★★★★★

    Made me feel very comfortable from start to finish

    Very professional, friendly and approachable. Tuan made me feel very comfortable from start to finish.

  • ★★★★★

    I am forever grateful for the just work these lawyers do

    I was falsely accused of child assault. Tuan helped me through out the difficult process,…

Going to Court? Call For Your Free First Appointment