Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Commonwealth Offences - Federal
Larceny as a Clerk
Date: 09/01/2009
The Law -
Section 156 of the Crimes Act states:
Whosoever, being a clerk, or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, shall be liable to imprisonment for ten years.
Maximum Penalty - Larceny as a Clerk
The Maximum penalty for the offence of Larceny by Clerk or Servant is 10 years imprisonment.
What the prosecution must prove - Larceny as a Clerk
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 person was a clerk or servant.
2. The property charged was owned by his or her master, or was in the power or possession of the master.
3. The accused person stole the property.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible Defences - Larceny as a Clerk
Possible defences to this offence include but are not limited to 1. Duress
2. Necessity
The Court process - Larceny as a Clerk
Where the value of the property charged 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 charged 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.