Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Commonwealth Offences - Federal
Larceny
Date: 09/01/2009
The Law -
Section 117 of the Crimes Act states:
117 Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.
Maximum Penalty - Larceny
The Maximum penalty for the offence of Larceny is 5 years imprisonment.
What the prosecution must prove - Larceny
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. 1. The accused wrongfully took and carried away. It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
2. The personal goods of another.
3. With the intention of permanently depriving the owner of such property.
4. Without his or her consent.
Possible Defences - Larceny
Possible defences to this offence include but are not limited to
1. Duress
2. Necessity
3. Self Defence
The Court process - Larceny
Where the value of the property exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the value of the property does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.