Larceny (a legal term for ‘stealing’) is an offence under section 117 Crimes Act 1900 (NSW).

On the more serious scale, a person can be charged with Robbery pursuant to section 94 Crimes Act 1900 (NSW). There are other aggravated forms such as Armed Robbery.

Larceny carries a maximum penalty of 5 years imprisonment.

The maximum penalty for Robbery offences varies between 14 years and 25 years imprisonment.

When it comes to a Larceny offence, the police are required to prove the following elements:

1. You took and carried away property such as an item or money;

2. That property belonged to another person;

3. You had the intention to permanently deprive the owner of that property at the time you took it;

4. The owner of that property did not give you consent to take it.

In order to be found guilty of the offence of under section 94, the police must prove the following elements:

Robbery:

1. You took property from someone;

2. You intended to steal it; and

3. You used violence or caused the person you took it from to fear.

Assault with intent to rob:

1. You assaulted someone;

2. You intended to steal property from them or another person; and

3. You used violence or caused the person you took it from to fear.

Assault with intent to rob:

1. A person has a chattel, money or valuable in their possession;

2. At that time, you stole the item from them.

3. You used violence or caused the person you took it from to fear.

Circumstances of aggravation for both offences include but are not limited to:

1. Being armed with an offensive or dangerous weapon;

2. Being in the company of another person(s);

3. Using corporal violence on a person;

4. Intentionally or recklessly inflicting actual or grievous bodily harm on a person;

5. Depriving another of their liberty;

Defences

1. Claim of right – you believed you were entitled to the property;

2. You didn’t steal anything;

3. The offence did not occur in the aggravated circumstances alleged.

It is a very serious offence to plead guilty to and it is highly recommended you speak with a criminal lawyer who specialises in Larceny and Robbery offences.

It is a good idea to obtain a Psychological Report for sentence in order to provide the Judge with as much detail as possible about you in mitigation.

‍25% Utilitarian Discount

‍Where a Plea of Guilty is entered at the earliest opportunity, you will receive a reduction in your penalty by 25% on sentence.