Larceny s 117 of the Crimes Act 1900

The maximum penalty for larceny is

• imprisonment for five years.

Please note that such a penalty is reserved for the most serious cases only.

This option is recommended only where you accept that:

• you took and carried away property belonging to someone else,
• you did so with the intention of permanently depriving the owner of the property,
• You did so dishonestly,
• the property was taken without the consent of the owner, and
• you did not have a legal right to the property.

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • An offender is placed under the supervision of Community Corrections.
  • Example of a CCO is performing service within the community, or being required to undertake mental health treatment.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

To prove larceny, the Prosecution must establish beyond a reasonable doubt that:

• you took and carried away property belonging to someone else,
• you did so with the intention of permanently depriving the owner of the property,
• You did so dishonestly,
• the property was taken without the consent of the owner, and
• you did not have a legal right to the property.

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

Defences

• There was no intention to permanently deprive the owner of the property:
  • If the intent was formed afterwards, the charge of larceny cannot proceed to a conviction. (R v Weatherstone)
  • Intoxication may mean that you could not have formed the requisite intention.
  • Mental illness (very difficult to prove, and may result in being institutionalised)
• Having a Claim of right:
  • This is where you genuinely and honestly believed you had a claim of right or legal entitlement to the property.
  • The belief must be that you are entitled to the entire property as opposed to segments of it.

• Duress: circumstances or the threats of another compelled you to act in the manner you had. 
• Necessity: Your actions were necessary to prevent a greater harm from occurring.