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.

If you require assistance, phone Acclaim Legal on (02) 9744 0722 for advice on criminal and police matters.