Grand larceny, as the name suggests, is an offence worse than larceny. This serious offence also known as ‘grand theft’ involves stealing property with a greater value compared to petit larceny or larceny. Petit larceny usually involves property that has a value above a legally specified amount. We will talk more about this amount later in the article under Australian law.
It is important to note that the offence of grand larceny is non-existent in Australia. However, this offence is relevant in the West. Petty theft, common theft, and grand larceny are American offences. Did you know the term ‘theft’ encompasses a broader range of offences than larceny? This includes identity theft and fraud.
In New South Wales, Australia, a single offence called “larceny” also encompasses the range of thefts covered by those separate American categories.
Let’s discuss the specifics of larceny in NSW and the importance of seeking legal advice.
Grand Larceny in the U.S.
As mentioned, grand larceny is the crime of stealing property exceeding a specific monetary threshold in American law. the exact amount varies from jurisdiction to jurisdiction. Typically, the amount ranges from $100 to $1000. Hence, a person who steals greater than $1000 is guilty of grand larceny.
Meanwhile, 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. 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.
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. Each Australian state and territory, as well as the federal government, has its own laws against theft. While the specific wording varies, the core elements are generally consistent:
- The person had the intention to permanently deprive the person they stole from
- Taking property belonging to another
- Taking the property without consent
- Knowing the act was dishonest
These elements were all present in our case example.
To prove larceny or grand 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 Grand 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. This includes:
- Money
- Valuable securities
- Debts and legacies; and
- All deeds and instruments relating to, or evidence to the title or right to any property.
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
This is one of the most important physical elements of larceny or grand larceny. A person cannot be charged with larceny if the property does not belong to someone. Thus, abandoned property cannot be the subject of larceny. For example, a squatter took refuge in an abandoned property. Abandonment occurs when the owner has intentionally given up any interest in the property.
Read: Squatters Rights Australia | JB Solicitors
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. Naturally, a person who owns something will not give it to another without their consent. If the owner wishes to give their property to someone, they must give it to them willingly and out of their own volition.
What Are the Mental Elements of Grand Larceny
The intention of permanently depriving the owner
To commit larceny or grand larceny, the person must, at the time of taking, intend to deprive the owner of the property permanently. However, Section 118 of the Crimes Act 1900 provides that intent to return property is not a defence. 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”. Hence, 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, they 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?
According to Section 117 of the Crimes Act, the maximum penalty for larceny or grand 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 ( a formal charge or accusation of a serious crime) 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 larceny charge can be sustained. A person can charge a larceny offence on someone regardless of the value of the property stolen.
Bring Thieves to Justice With Our Help
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 lesser sentence and it will demonstrate remorse and contrition. While this is not guaranteed, people guilty of this crime should take this chance.
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 our 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 court proceedings.
Grand larceny or larceny is a serious crime and victims of this crime cause them distress and panic. These victims deserve to have their stolen property recovered and returned to them.
Contact us today and let us help you press charges against people who stole your property.
