This article will discuss larceny and similar summary offences under sections 502 to 513 of the Crimes Act 1900 NSW. We advise reader’s discretion as some readers may find content in this article to be distressing.
To give you a perspective of the overarching concept of the provisions on larceny and similar summary offences, let us first define larceny. Larceny or stealing is the act of taking a property without the owner’s consent. The essential elements are the following:
- There is taking of the property of another person.
- The property is taken or carried away by the offender.
- The act of taking is without the consent of the lawful owner of the thing.
- The offender must have the intention to permanently deprive the owner of the thing.
- The offender must take the property without a claim of right made in good faith.
- There must be dishonest conduct in the taking of the property.
What is a summary offence? A summary offence is one that can be dealt with summarily by the Local Court. To be more precise, here are the other characteristics of a summary offence:
- The offence is described as a summary offence.
- The offence has a maximum penalty of not more than 2 years.
Larceny and Similar Summary Offences: Possession of Skin of Stolen Cattle
Section 502 of the Crimes Act 1900 states that the posession of skin of stolen cattle is punishable. It provides that whoever is in possession of:
- the skin or carcass of any stolen cattle, or
- any cattle reasonably suspected to have been stolen, or
- any part of any such skin or carcass,
may be brought before or may be summoned to appear before the Local Court.
The purpose of appearing before the court is to show how one acquired such skin or carcass. Moreover, they must show that there is reasonable cause to believe that they have dishonestly come by the same.
However, if they fail to satisfy the Court that they obtained those without any knowledge or reasonable ground to suspect that the same was the skin or carcass, or part of the skin or carcass, of any stolen cattle, the accused may be liable to any or both of the following:
- 6-month imprisonment, and/or
- Payment of a fine of 5 penalty units.
Larceny and Similar Summary Offences: Stealing Dogs and Possession of Stolen Dogs
Section 503 states that whoever steals any dog shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both upon conviction by the Local Court.
Moreover, section 504 also punishes any person who has unlawfully in his or her possession any stolen dog, or the skin of any such dog. Additionally, such person must have the knowledge that the dog has been stolen.
Thus, upon conviction by the Local Court, the accused will be liable to pay a fine of 5 penalty units.
Larceny and Similar Summary Offences: Stealing Animals Kept in Confinement
Section 505 of the Act punishes those who steal animals that are kept in confinement for any domestic purpose. Moreover, the killing of such animal or bird with the intent to steal the same is also punishable. Penalty: 6-month imprisonment and/or 5 penalty units.
Furthermore, if the same offender commits the same offence after committing it for the first time, they shall be liable to a one year imprisonment under section 506.
Section 507 also punishes the possession of stolen animals or bird, or its skin. To be convicted of this offence, the offender must have knowledge that the the animal or bird stolen or its skin is a product of stealing.
Upon conviction by the Local Court, the offender shall be liable to a 6-month imprisonment or a fine of 5 penalty units. If the offender commits this offence for the second time, the imprisonment is for one year (s508).
The restoration of the stolen animals or birds may be returned to the owner upon the issuance of an order by the Local Court (s509).
Larceny and Similar Summary Offences: Setting Engine or Traps for Deers
Section 510 states that any person who performs the following acts may be liable to a fine of 5 penalty units:
- unlawfully and wilfully
- sets, or uses, any snare, or engine
- for the purpose of taking or killing deer upon any inclosed land in the occupation of the owner of such deer, or
- destroys any part of the fence of any land where deer are then kept.
Larceny and Similar Summary Offences: Stealing Fish and Shrubs
Section 512 provides that a person who unlawfully and wilfully takes or destroys any fish in any water in a private property is liable to pay the value of the fish taken or destroyed. Additionally, they must pay a fine of 0.1 penalty unit.
Lastly, section 513 criminalises the stealing of shrubs. Shrubs include any tree, sapling, plant, or any underwood. The penalty for this is a 6-month imprisonment or a fine of 5 penalty units.
Contact JB Solicitors for a Consultation
If you are facing larceny or other summary offences in NSW, don’t hesitate to contact JB Solicitors for a quick consultation. Although it’s only a summary offence, complications may still arise in the process.
Make sure that your rights are protected by securing the services of a lawyer. Our lawyers can assist you in every court or legal process. We can provide an in-depth explanation of the potential consequences you may face, explore feasible options, including defence strategies and plea bargains.
Contact us today to know more about larceny and similar summary offences.
