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Larceny by bailee

Offence title:

Larceny by bailee

Act:

125 Crimes Act (NSW)

Offence:

If a bailee of any property fraudulently takes or converts the property or any part of it, or anything it has been exchanged or converted for, to their own use or the benefit of another, they commit an offence

Penalty:

Imprisonment 5 years.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court.

How committed:

A person takes a piece of jewellery in for repair. Whilst it is in the shop the proprietor of the business removes a genuine diamond and replaces it with a piece of cubic zirconia.

Important note:

A simple description of a bailee, is to think of a person who receives a piece of property on condition they will fix/repair/remodel it, in return for which they will be paid for the work and stock they use. Another example is a dry cleaner who receives a cost to be cleaned on the basis they will return it and be paid for the cleaning.

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