Larceny (Stealing) Charges
Clear advice on penalties, defences and what to expect in the NSW Local Court.
Larceny, the formal legal term for stealing, is a common law offence with its penalty set by section 117 of the Crimes Act 1900 (NSW). It is committed where a person takes and carries away property belonging to another, without their consent, dishonestly and with the intention of permanently depriving the owner of it. Larceny is one of the most frequently charged offences in the Local Court, ranging from shoplifting and theft from an employer, to opportunistic theft of unattended property.
Each element of larceny must be proven by the prosecution: that the property actually belonged to someone else, that it was taken without consent, that the taking was dishonest by ordinary standards, and, critically, that the accused intended to permanently deprive the owner of the property, rather than merely borrowing it or intending to return it. Where any one of these elements is missing, larceny is not established, even if the accused took or moved the item in question.
While larceny carries a comparatively modest maximum penalty, a conviction still results in a criminal record and can affect employment, particularly in retail, hospitality or roles requiring a police check. The value of the property involved is not just a sentencing factor, it determines which of two Table classifications the matter falls into, larceny is a Table 1 offence above $5,000 and a Table 2 offence at or below it, which in turn determines who can elect to take the matter to the District Court, and it sets the maximum Local Court fine, though not the maximum Local Court term of imprisonment, which stays the same across the whole range.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Larceny, property valued over $5,000 — a Table 1 offence (s117 Crimes Act 1900) | 2 years imprisonment and/or a fine of 100 penalty units ($11,000) | Either the prosecution or the accused may elect for the matter to proceed on indictment instead of remaining in the Local Court. |
| Larceny, property valued $2,000 to $5,000 — a Table 2 offence (s117 Crimes Act 1900) | 2 years imprisonment and/or a fine of 50 penalty units ($5,500) | Only the prosecution may elect for the matter to proceed on indictment; the accused cannot. |
| Larceny, property valued $2,000 or less — a Table 2 offence (s117 Crimes Act 1900) | 2 years imprisonment and/or a fine of 20 penalty units ($2,200) | Only the prosecution may elect for the matter to proceed on indictment; the accused cannot. |
| Larceny, dealt with on indictment in the District Court (s117 Crimes Act 1900) | 5 years imprisonment | Applies where the prosecution (for any value) or the accused (only above $5,000) elects to have the matter dealt with on indictment, where the full statutory maximum becomes available. |
| Aggravating factors | Sentence increased within the same maximum | The value of the property, whether it was recovered, breach of trust (such as theft from an employer), planning and repetition, and any prior dishonesty convictions are all matters weighed at sentencing. |
Possible Defences
Ways this charge can be challenged
Claim of right
A genuine, honestly held belief that the accused was legally entitled to take or keep the property, even where that belief was mistaken, can defeat a larceny charge, because it removes the dishonesty the prosecution must prove. This commonly arises in disputes between family members, business partners or co-tenants over property or money.
No intention to permanently deprive
Larceny requires an intention to permanently deprive the owner of the property, not merely to use or move it temporarily. Where the accused intended to return the item, or genuinely believed it would be returned, this essential element of the offence is not made out.
Consent
Where the owner, or someone with authority to do so, consented to the property being taken or used in the way alleged, the taking is not unlawful and larceny cannot be established, regardless of how the situation may have appeared to onlookers.
Identification
Particularly in retail and workplace theft matters relying on CCTV or stock discrepancies, whether the accused was actually the person responsible for the taking can be a genuine issue, especially where multiple people had access to the property or the footage is unclear.
What Happens Next
The Local Court process
- 01
Following a detected theft, the accused is usually issued with a Court attendance notice, particularly for retail and workplace matters, though arrest can occur in more serious or repeat cases.
- 02
At the first mention in the Local Court, a plea of guilty or not guilty is entered, and bail conditions, if any, are reviewed.
- 03
If a not guilty plea is entered, the prosecution serves its brief of evidence, including any CCTV, witness statements and records establishing ownership and value, before the matter is listed for a defended hearing.
- 04
At a defended hearing, the prosecution must prove each element of larceny, the taking, absence of consent, dishonesty and intention to permanently deprive, beyond reasonable doubt, and the defence can challenge identification, ownership or intent.
- 05
If a guilty plea is entered, or the charge is proven at hearing, the matter proceeds to sentencing, where the Magistrate considers the value of the property, whether it was recovered, the accused’s record, and personal circumstances, applying the flat 2-year Local Court imprisonment cap and the fine tier that corresponds to the property’s value, unless the matter has instead proceeded on indictment.
- 06
For lower-level and first-time matters, outcomes such as a conditional release order or a non-conviction under section 10 of the Crimes (Sentencing Procedure) Act are realistic options available to the Court.
Sentencing
What courts consider at sentencing
The value of the property is the single biggest factor shaping the matter’s classification and the fine actually available, with the $5,000 threshold marking a real, not just symbolic, line between Table 1 and Table 2 (and who can elect for trial), and the further $2,000 threshold marking a real line between the two Table 2 fine tiers. The maximum term of imprisonment available in the Local Court, however, does not change across any of these bands.
Whether the property was recovered, whether the offending involved a breach of trust such as theft from an employer, and the degree of planning involved (a single opportunistic taking versus a sustained or organised pattern) are all significant aggravating or mitigating considerations.
For a first offence involving a modest value and no breach of trust, a non-conviction outcome under section 10 of the Crimes (Sentencing Procedure) Act 1999 remains genuinely realistic, whether an outright dismissal under section 10(1)(a) or a Conditional Release Order under section 10(1)(b), particularly with restitution or return of the property and a strong prior record. This becomes progressively harder to obtain for higher-value, repeat, or breach-of-trust matters.
Next Steps
If you've just been charged
Don't say anything beyond providing your details until you've obtained legal advice, particularly in a retail or workplace setting where you may be asked to give an account on the spot. Anything said informally can later be used as evidence.
If the property has not already been returned or paid for, discuss with your lawyer whether returning it or offering restitution is appropriate and how the timing of doing so may be viewed by police or the Court.
If you believed you were entitled to take or keep the property, for example in a family, workplace or shared-property dispute, set out your account in detail for your lawyer as soon as possible, since this can support a claim of right defence.
Preserve any evidence relevant to ownership, consent, or your presence or absence at the scene, including receipts, messages, or witness contact details, before it becomes harder to obtain.
Get legal advice before your first Court date, particularly if you may be eligible for a non-conviction outcome, since the material put before the Magistrate at that first mention can shape whether the matter ends without a recorded conviction.
Frequently Asked Questions
Common questions
Yes. Shoplifting is simply larceny committed in a retail setting, and it is prosecuted under the same section 117 offence. The value of the goods, whether they were recovered, and the accused’s prior record all influence how the matter is resolved.
Both, though not in the way people often assume. Larceny is a Table 1 offence above $5,000, meaning either the prosecution or the accused can elect to have the matter dealt with on indictment, and a Table 2 offence at or below $5,000, meaning only the prosecution can elect. Whichever table applies, the maximum term of imprisonment available in the Local Court is the same, 2 years, it is only the maximum fine that changes with value: 100 penalty units above $5,000, 50 penalty units between $2,000 and $5,000, and 20 penalty units at $2,000 or below. Only if the matter proceeds on indictment does the full 5-year statutory maximum under section 117 become available, in the District Court.
Returning property does not automatically result in a charge being withdrawn, as the decision to proceed rests with police or the prosecuting authority, but it is a factor that can support representations for the charge to be withdrawn or dealt with leniently, and is relevant at sentencing if the matter proceeds.
Claim of right refers to an honest belief that you were legally entitled to take or keep the property, even if that belief turns out to be mistaken. Because larceny requires dishonesty, a genuine claim of right can be a complete defence, and commonly arises in disputes over jointly owned or disputed property.
Not necessarily. For lower-value, first-time matters, the Local Court can impose a non-conviction outcome under section 10 of the Crimes (Sentencing Procedure) Act or a Conditional Release Order, both of which can avoid a recorded conviction depending on the circumstances and the material put before the Court.
Larceny alone involves simply taking property without consent. Break and enter additionally requires unlawfully entering a building, while robbery involves taking property directly from a person using or threatening force. The same theft can lead to a more serious charge if entry to a premises or violence towards a person was involved.
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