What do you know about grand larceny? This offence, also known as “grand theft,” involves stealing property above a certain monetary threshold in American law. However, grand larceny is not an offence in Australia. In New South Wales, the Crimes Act 1900 provides a single, unified law on larceny that covers all categories of theft, regardless of the property’s value.
Whether you are facing a larceny charge or simply want to understand how Australian law compares to US grand larceny laws, this guide covers everything you need to know, including the elements of the offence, the defences available to you, sentencing considerations, and why legal representation can make all the difference.
Note that the term “theft” encompasses a broader range of offences than larceny, including identity theft and fraud.
What Is Grand Larceny?
Grand larceny is defined as the theft of property worth more than a specified value under US law. The specified value for grand larceny varies by state, typically ranging from $500 to $2,000. In some states, grand larceny is referred to as “grand theft.” Once the value of stolen property exceeds that threshold, the offence is elevated from petit larceny to grand larceny and is treated considerably more seriously by the courts.
In contrast, there is no common law offence of grand larceny in Australia. Larceny is the legal word for stealing or theft. In the United States, grand larceny is differentiated from other forms of theft by the value of the stolen property. Australian law takes a different approach entirely.
Grand Larceny vs. Larceny in NSW: Key Differences
NSW legislation defines larceny as stealing or theft. It is simply an offence of theft which involves the taking of property without the consent of the owner, regardless of the value. Unlike in the US, Australian law deals with larceny of any value the same way, unless otherwise specified by legislation.
Larceny is classified as non-violent theft, unlike robbery, which involves taking property directly from a person using force or the threat of force. Larceny does not involve taking property directly from a person, and this distinction is important when assessing the seriousness of a charge. The offence of larceny is defined by the High Court of Australia in Ilich v R (1987) HCA 1.
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 punishment for larceny is dealt with in the Crimes Act 1900.
The definition of larceny is not limited to what the Crimes Act contains. Larceny can be committed in many ways, including shoplifting. Each Australian state and territory has its own laws against theft, but the core elements are generally consistent. To prove larceny, the prosecution must prove beyond a reasonable doubt that both 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. This includes money, valuable securities, debts and legacies, and all deeds and instruments relating to the title or right to any property. Even property of the slightest value is sufficient to sustain a larceny charge.
The stolen property belonged to another person
A person cannot be charged with larceny if the property does not belong to someone. Abandoned property cannot be the subject of a larceny charge. Abandonment occurs when the owner has intentionally given up any interest in the property. For example, a squatter who takes refuge in a genuinely abandoned building would not be committing larceny over that property.
Read: Squatters Rights Australia | JB Solicitors
The accused took the property without the consent of the owner
The taking of property must be without the consent or permission of the owner. If the owner willingly and voluntarily gives their property to another person, no larceny has occurred.
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 permanently deprive the owner of the property. However, Section 118 of the Crimes Act 1900 provides that an intent to return property is not a defence.
No claim of right
A person cannot be found guilty of larceny if they genuinely believed the property belonged to them. This is known as the “claim of right” defence. If a person believed they were entitled to take property, it may serve as a full defence against larceny charges. The belief does not need to be reasonable, but it must be an honest and genuine belief in a legal entitlement to the property, not wishful thinking.
The property was taken fraudulently or dishonestly
The court must determine whether the accused’s knowledge, belief, or intention was dishonest or fraudulent according to the standard of “ordinary, decent people.” A person who mistakenly takes another person’s suitcase at the airport would likely not be guilty of larceny, provided they can prove it was an honest mistake. However, if that person later discovered the error and chose not to return the bag, the situation could amount to larceny.
Defences to a Grand Larceny (Larceny) Charge in NSW
Criminal lawyers can successfully defend larceny charges using various defences. Your criminal defence lawyer will assess the circumstances of the offence to determine the right strategy. The three primary defences available in NSW are:
- Claim of right: Where the accused genuinely believed they had a legal entitlement to the property. The claim does not need to be reasonable, only honest.
- Duress: The defence of duress can be used if someone committed larceny under the threat of serious harm. The accused must have genuinely lost their freedom to refrain from committing the offence as a direct result of that threat.
- Necessity: Where the accused committed the offence to avoid serious and irreversible consequences to themselves or someone they were bound to protect.
Where a valid legal defence is raised on the evidence, the prosecution must then prove beyond reasonable doubt that the defence does not apply. If the prosecution is unable to do this, the accused must be found not guilty.
What Is the Maximum Penalty for Larceny in NSW?
The maximum penalty for larceny in New South Wales is five years’ imprisonment if the matter is dealt with on indictment in the District Court. If the matter is heard in the Local Court, the penalties depend on the value of the property stolen:
- More than $5,000 AUD: Two years’ imprisonment and/or 100 penalty units and a fine of $11,000 AUD.
- Less than $5,000 AUD: Two years’ imprisonment and/or 50 penalty units and a fine of $5,500 AUD.
- Less than $2,000 AUD: Two years’ imprisonment and/or 20 penalty units and a fine of $2,200 AUD.
Where the matter is heard on indictment in the District Court, there is no jurisdictional limitation on the maximum penalty. Note that the value of the stolen property is a jurisdictional limit and does not determine whether a larceny charge can be sustained in the first place. A person can face a larceny charge regardless of the value of the property stolen.
The courts will often impose more lenient sentences for first-time offenders. The court will consider several factors when deciding the appropriate penalty for larceny, including the value of the stolen property, the offender’s personal circumstances, prior criminal history, the degree of planning involved, and whether the accused has shown genuine remorse.
Pleading guilty can lead to a discount on the sentence. Where a person has agreed they committed the offence and the police are able to prove it, pleading guilty normally results in a lesser sentence and demonstrates remorse and contrition. Character references can also play an important role in pleading guilty to larceny, showing the court that the offending was out of character and supporting a more favourable outcome.
How a Larceny Conviction Can Impact Your Life
A criminal record involving larceny can seriously impact your life. The consequences extend well beyond a fine or a period of imprisonment. A conviction may affect you in the following ways:
- Employment: Employers who conduct background checks may be reluctant to hire someone with a theft conviction, particularly in finance, government, childcare, or security roles.
- Overseas travel: Countries such as the United States, Canada, and the United Kingdom require disclosure of criminal convictions on visa applications. A larceny conviction can result in refusal of entry or significant delays.
- Rental applications: Landlords and property managers who run police checks may be hesitant to approve applications from people with theft-related convictions.
- Professional licences: Many professions require police clearances, and a criminal record may disqualify you from obtaining or renewing certain licences and registrations.
A good criminal defence lawyer can help avoid a criminal conviction for a first offence of larceny, potentially keeping your record clean and protecting your future opportunities.
Seek Legal Advice from JB Solicitors
A good criminal lawyer will often be the difference between prison and freedom. If you have been charged with larceny or a related offence, it is important to seek legal advice as early as possible.
JB Solicitors has a leading team of experienced lawyers in Criminal Law. We have dealt with numerous criminal law cases involving larceny, theft, and related offences, and we can help you understand your rights, identify the defences available to you, and represent you throughout the court process.
If a person has agreed that they have committed the offence and the police are able to prove it, pleading guilty is often the best option. This normally results in a lesser sentence and demonstrates remorse. However, if you have been charged with larceny and believe you are not guilty of the offence, we strongly advise you to contact us immediately.
Contact us today and let us help you achieve the best possible outcome.
Frequently Asked Questions About Grand Larceny and Larceny in NSW
Is grand larceny a criminal offence in Australia?
No. Grand larceny does not exist as a criminal offence in Australia. In NSW, all theft-related offences are dealt with under the offence of larceny, as set out in Section 117 of the Crimes Act 1900.
What is the difference between grand larceny and larceny in NSW?
Grand larceny is a US legal term for stealing property above a specified value, typically between $500 and $2,000 depending on the state. In NSW, there is one offence of larceny that applies regardless of the value of the stolen property.
What is the maximum penalty for larceny in NSW?
The maximum penalty for larceny in NSW is five years’ imprisonment if the matter is heard in the District Court. In the Local Court, penalties are capped based on the value of the stolen property, ranging from a fine of $2,200 up to two years’ imprisonment.
What defences are available for a larceny charge?
The main defences are claim of right (the accused genuinely believed they owned the property), duress (acting under the threat of serious harm), and necessity (acting to avoid serious, irreversible consequences).
Can I avoid a conviction for a first larceny offence?
Yes, in many cases. The courts will often impose more lenient sentences for first-time offenders. A good criminal defence lawyer can help avoid a criminal conviction for a first offence of larceny through negotiation, a Section 10 dismissal, or a conditional release order.
Does a larceny conviction affect my ability to travel overseas?
Yes. A criminal record involving larceny can affect your ability to obtain visas for countries such as the United States, Canada, and the United Kingdom. It is important to understand your obligations before travelling and to seek legal advice on your options.
What role do character references play in a larceny case?
Character references can play an important role when pleading guilty to larceny. Strong references from employers, community members, or family can demonstrate to the court that the offending was out of character and support a more lenient sentencing outcome.
What should I do if I have been charged with larceny in NSW?
Contact an experienced criminal lawyer immediately. Your criminal defence lawyer will assess the circumstances of the offence to determine the right strategy, including whether to plead guilty or defend the charge at hearing.
