What is Larceny?
Larceny is theft of property. For an offence under this provision, the property taken must be something tangible and must have some value. It could include a credit card, a cheque or even using someone else’s power supply.
The theft must be of property that lawfully belonged to someone else; that is, from someone who had possession of the item.
Intending to return the property, money or other property of equal value at a later time is not a defence if you or someone else has received a benefit.
The penalty of larceny or theft in NSW carries a maximum sentence of 5 years. If dealt with in the Local Court the penalties are subject to limitations, depending on the value of the property stolen:
- If the value does not exceed $2,000 the maximum penalty is 2 years’ gaol and/or 20 penalty points;
- If the value does not exceed $5,000, the maximum penalty is 2 years’ gaol and/or 50 penalty points;
- If the value exceeds $5,000 the maximum penalty is 2 years’ gaol and/or 100 penalty points.
NSW legislation refers to penalty units to describe the amount payable for a fine. Penalty units are used instead of dollar amounts because the rate for penalty units is indexed for inflation and may therefore change. Currently, one penalty unit is $110. For example, if the maximum penalty is 20 penalty units: 20 units x $110: $2,200.
In which court will the matter be heard?
If the value of the property exceeds $5,000, the matter will likely be dealt with in the Local Court, however the DPP or the defendant can elect to have the matter dealt with in the District Court.
