Stealing and Larceny

Stealing and larceny are often used interchangeably, but both are specific criminal offences under Australian law.

• Stealing refers to the act of unlawfully taking property from another person without their consent, intending to permanently deprive them of it.
• Larceny is a historical legal term, and although it's less commonly used today, it essentially refers to the same offence as stealing.

In New South Wales, stealing is covered under Section 117 of the Crimes Act 1900 (NSW), while larceny is often used in legal contexts to refer to theft without violence or threats. In the ACT, stealing is governed by Section 308 of the Criminal Code 2002 (ACT).

To convict someone of stealing or larceny, the prosecution must prove the following elements beyond a reasonable doubt:

• The accused took property: The defendant must have physically taken the property in question.
• The property belonged to someone else: It must be proven that the property was not theirs.
• No consent from the owner: The owner did not allow the defendant to take the property.
• Intent to permanently deprive the owner: The accused had the intent to permanently take the property, with no intention of returning it.

If you are charged with stealing or larceny, several defences may apply, including:

• Claim of ownership: You may argue that you believed the property was rightfully yours.
• Lack of intent: You may argue that you did not intend to deprive the owner of the property permanently.
• Mistake of fact: You may have taken the property unintentionally or without understanding it belonged to someone else.
• Consent: You may argue that the property owner consented to the taking of the property.
• Coercion or duress: You may claim that you were forced to take the property under threat or coercion.

The penalties for stealing or larceny depend on the value of the stolen property and any aggravating factors in the case. Here are the typical penalties:

• For property valued at $5,000 or less:
  The maximum penalty is 12 months imprisonment and/or a $5,500 fine.
• For property valued at more than $5,000:
  The maximum penalty is 2 years imprisonment and/or a $5,500 fine.

In serious cases, stealing or larceny can be elevated to more severe charges, which may result in higher penalties, particularly if there are aggravating circumstances such as prior convictions or if the theft involves violence.