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In very broad terms, larceny, stealing and theft all refer to the act of taking something from someone without their consent and with the intention to permanently deprive them of that something. The offence is not made out until the offender has taken away the item from the owner. Larceny is the more appropriate word to use as it is wider than both stealing and theft.

In three steps, in general terms, larceny takes place when:

  1. A person takes and carries something away with intent;
  2. Which does not belong to that person without the consent of the owner;
  3. With intent to permanently deprive the owner of the item.

A common defence to a charge of larceny is the intention to restore. To raise the defence, the defendant must show that he or she did not intend to appropriate the property for his or her own use but rather to restore the property and return it to the rightful owner. However, where it is proved beyond reasonable doubt that the defendant although intending to return the property, used the property for his or her benefit, the offence of larceny will be made out.

The maximum penalty for larceny is five (5) years imprisonment.

Some examples of larceny include:

  • Stealing a motor vehicle;
  • Taking money to restore dogs;
  • Stealing, destroying any records of the Court or public office;
  • Stealing goods in the process of manufacture;
  • Embezzlement; and
  • Stealing from a ship in distress or wreck.

Our Criminal Lawyers have assisted many clients, over the years, with a range of larceny and stealing offences.  We have instructed assisted clients to successfully defend larceny charges and can assist throughout the preparation of the matter and with legal representation in Court by a criminal lawyer.  If you have been charged with a larceny office, we invite you to seek legal advice from one of our experienced Criminal Law specialists. Contact us on (02) 9233 4048 or send an email to info@navado.com.au to book a consultation. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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