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, whether the item was recovered, and the accused’s personal circumstances all influence how these matters are resolved, and the Local Court has a number of options short of a recorded conviction available in appropriate first-time or low-value cases.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Larceny (s117 Crimes Act 1900) | 5 years imprisonment | A Table 1 offence where the value of the property does not exceed the relevant statutory threshold, meaning it is ordinarily dealt with summarily in the Local Court, capped at 2 years imprisonment and/or a fine of 100 penalty units, unless either party elects otherwise. |
| Larceny — higher value matters | 5 years imprisonment | Where the value of the property exceeds the Local Court threshold, or the prosecution elects to proceed on indictment, the matter can be dealt with in the District Court, where the full statutory maximum applies. |
| 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.
- 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.
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.
Yes. Larceny is generally dealt with in the Local Court where the value of the property does not exceed the relevant statutory threshold, while higher-value matters, or those where either party elects for trial, can proceed to the District Court, though the majority of larceny matters remain in the Local 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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