Defending Against Larceny Charges: A Criminal Lawyer’s Guide

Larceny is the offence of stealing or theft. In NSW, the offence is contained in section 117 Crimes Act 1900 (NSW) and carries a maximum penalty of five years imprisonment. For individuals facing larceny charges, understanding the law and building a strong defence is crucial. In this blog post, we will explore key strategies that Criminal Law Specialists Sydney| AMA Legal employ when defending against larceny charges.

Larceny | The offence

Section 117 Crimes Act 1900 (NSW) states: 

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.

The Crimes Act 1900 (NSW) does not define what constitutes larceny. Common law provides for the elements of the offence which are as follow: 

1. The accused took and carried away property, and  
2. The property belongs to someone other than the accused, and 
3. The accused did so without the consent of the owner of the property, and 
4. The accused did so with the intention of permanently depriving the owner of the property, and 
5. The accused took the property without a claim of right made in good faith, and 
6. The accused took the property dishonestly. 

Challenging Identity:

One of the primary elements in larceny cases is proving the accused was the person who took and carried away the property. Criminal Law Specialists Sydney| AMA Legal can challenge the prosecution case requiring the prosecution to prove beyond a reasonable doubt that it was the accused who took and carried away the property. In some cases, identity may not be an issue while in others it will be the central issue. 

Challenging Ownership:

Another key aspect of defending against larceny charges is challenging the ownership of the alleged stolen property. Criminal lawyers may investigate and present evidence that disputes the ownership claim, questioning whether the property rightfully belongs to the alleged victim. 

Claim of right: 

The accused can assert that they had a genuine and honest belief at the time that they took and carried away the property that they had a lawful right to do so. If a person is acting under such a belief, which is genuinely and honestly held, then it cannot be said that that person was dishonest in taking the thing in question, even if it was without the consent of the owner. 

Assessing Police Procedures:

Criminal Law Specialists Sydney| AMA Legal meticulously review the procedures followed by law enforcement during their investigation. Any procedural errors or violations of the accused’s rights may be grounds for challenging the admissibility of certain evidence. 

Defending against larceny charges requires a comprehensive understanding of the law. If you or someone you know is facing larceny charges, seeking professional legal representation is essential to ensure that your rights are protected.