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Larceny

Larceny is an offence under Section 117 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

The offence is commonly known as ‘theft’ or ‘stealing’.

To establish a larceny, the prosecution must prove the following ‘elements’:

  1. That you took and carried away property
  2. That the property belonged to another, and
  3. That you did not have the owner’s consent.
     
    The prosecution will also need to prove:
     
  4. That you intended to permanently deprive the owner of the property, and
  5. That your actions were dishonest.
     

The prosecution will fail if it can’t prove each of those matters beyond a reasonable doubt.

Having a ‘claim of right’ is a defence to the charge which is where you genuinely believed you were legally entitled to the property.

Duress and Necessity are also defences to the charge.

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