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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:
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:
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