Punishment for larceny or stealing

Offence title:

Punishment for larceny or stealing

Act:

117 Crimes Act (NSW)

Offence:

Larceny or stealing are not defined by the statute in NSW. The elements of the offence are found in the Common Law and can be stated as:

1.     The property must be of value,

2.     It must be transported (moved),

3.     It must be carried away,

4.     It must be removed without permission of the owner,

5.     There must be an intention to permanently deprive the owner of it,

6.     The taking must be dishonest.

The English law has conveniently defined stealing as: “… the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.”

Penalty:

Imprisonment 5 years

Summary/Indictable/mixed:

Indictable

Jurisdiction:

Local, District or Supreme Court.

How committed:

Person A enters a shop, selects an item and leaves without paying.

Person A finds a wallet in the street, the wallet has the driving licence of the owner and cash. Person A takes the cash and places the wallet back on the ground and walks off.

Important note:

s.118 Intent to return property no defence: if a person took property (or money) for their own use and benefit or for another’s, but intended to restore it, by reason of this alone a person would not be entitled to be acquitted.

s. 119 Verdict where several takings proved: if during a hearing/trial involving multiple items of property, it appears there were several takings of the property, the prosecutor does not need to elect which taking is relied upon, provided the magistrate or judge permits this, and that the takings were not more than 6 months apart.

s. 120 Trial for larceny—verdict of embezzlement etc: if a person is being tried for larceny but embezzlement, fraudulent misappropriation, fraudulent application or disposition as a clerk or servant  or obtaining by false pretence or wilful false promise or partly by one of these offence and partly by another, then the person may be found guilty of one of these offences as an alternative verdict to larceny.

s. 121 Verdict of “larceny or receiving”: where a person is be tried for larceny or receiving and the jury/magistrate cannot decide on who the actual thief was, the person is not entitled to acquittal but could be found guilty of the other offence, if the other elements are present.