Grand larceny which also means ‘grand theft’ constitutes stealing properties with a value greater than that fixed as constituting petit larceny. Petit larceny usually involves property that has a value above a legally specified amount (for instance, $600). This offence is found in many US states’ legislation. Petty theft, common theft, and grand larceny are American offences.
The terms like “petty theft” and “grand larceny” are familiar in the American legal system. However, things are different in the Land Down Under. In New South Wales, Australia, a single offence called “larceny” encompasses the range of thefts covered by those separate American categories. This article dives into the specifics of larceny in NSW, explaining how it works and how it differs from its American counterparts.
Grand Larceny in NSW: How Is It Different?
The common law offence of grand larceny does not exist in Australia. But although grand larceny does not exist in Australia, NSW does have the offence of larceny.
NSW legislation defines larceny as stealing or theft. It is simply an offence that involves theft, which relates to property taken without the consent of the owner, regardless of the value.
Unlike in the US, Australian law deals with larceny of any value in the same manner. This is unless otherwise specified by legislation. A person convicted of larceny can face a maximum penalty of up to five years’ imprisonment.
The Definition of Larceny Under Australian Law
Section 117 of the Crimes Act 1900 (NSW) outlines larceny offences. The Section provides that “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 definition of larceny is not limited to what the Crimes Act contains. The High Court provides the meaning of larceny in Ilich v R (1987) HCA 1. The Court defined larceny as the act of a person who, without the owner’s consent and with fraudulent intent, takes and carries away a property. This act must be done:
- Without a good faith belief of ownership; and
- With the intention of permanently depriving the owner of the item.
To prove larceny, the prosecution must prove, beyond a reasonable doubt that physical and mental elements were present during the offence.
What Are the Physical Elements of Larceny?
The accused took and carried away property capable of being stolen
Section 4 of the Crimes Act 1900 defines property as every description of real and personal property; money, valuable securities, debts and legacies, and all deed and instruments relating to, or evidencing the title or right to any property.
Even the slightest movement can be enough for a charge of larceny. Additionally, even the slightest value will be sufficient for a larceny charge. It is not like grand larceny where the value is taken into consideration before a charge is sustained.
The stolen property belonged to another
A person cannot be charged with larceny if the property does not belong to someone. Thus, abandoned property cannot be the subject of larceny. Abandonment occurs when the owner has intentionally given up any interest in the property.
The accused took the property without the consent of the owner
The property must have been taken without the consent or permission of the owner.
What Are the Mental Elements of Larceny
The intention of permanently depriving the owner
To commit larceny, the person must, at the time of taking, intend to deprive the owner of the property permanently. It is worth noting, however, that Section 118 of the Crimes Act 1900 provides that intent to return property is not a defence. However, the matter depends on a case-to-case basis. For instance, borrowing a pen at the counter without asking would not amount to larceny under the law.
No claim of right
A person cannot be guilty or plead guilty of larceny if they believe that the property belongs to them. A claim of right means that the person has an honest and genuine belief that they have a legal entitlement to the property.
The belief should not come from wishful thinking, but it is not required to be reasonable either. So long as that person genuinely believes they have a legal claim to the property, they have a “claim of right”. Thus, if no claim of right exists, a person can receive a charge of larceny.
The property was taken fraudulently or dishonestly.
To sustain a larceny charge, the accused must “fraudulently” or “dishonestly.” steal the property. The Court must specifically identify the knowledge, belief or intention that accompanied the alleged larceny and decide whether it was dishonest or fraudulent according to the standard of “ordinary, decent people”.
An example of this element is where a person mistakenly took and carried away another person’s suitcase at the airport, thinking it was theirs. What if the person can prove that the act was done as an honest mistake? If so, he/she could not receive charges of larceny. However, it could be larceny if the person later becomes aware of the mistake and chooses not to rectify it.
What Is the Maximum Penalty for Larceny?
The maximum penalty for Larceny is five years’ imprisonment. However, if the Local Court hears the matter, the penalties available are subject to limitations based on the value of the stolen property. The maximum penalty for this crime includes:
- More than $5,000 AUD (value of stolen item). Two years’ imprisonment and/or 100 penalty units and a fine of $11,000 AUD.
- Less than $5,000 AUD (value of stolen item). Two years’ imprisonment and/or 50 penalty units and a fine of $5,500 AUD.
- Less than $2,000 AUD (value of stolen item). Two years’ imprisonment and/or 20 penalty units and a fine of $2,200 AUD.
What if the matter happens on indictment in the District Court? Then there is no jurisdictional limitation on the maximum penalty.
Note that the relevant value is a jurisdictional limit and does not involve whether or not a charge for larceny can be sustained. A person can charge a larceny offence on someone regardless of the value of the property stolen.
Need Legal Help About Stolen Property?
If a person has agreed that they have committed the offence (and the police are able to prove so), pleading guilty is the best option. This way the person will normally receive a discount on their sentence, and it will demonstrate remorse and contrition. However, if a person charged a larceny offence on you, but you believe you are not guilty of the offence, we highly advise you to seek legal services.
JB Solicitors has a leading team of experienced lawyers in Criminal Law. We have dealt with numerous criminal law cases and can help with your situation. We offer legal advice and legal representation should the matter escalate to the Courts.
Do you have more queries on grand larceny? Contact us today.
