Stealing and Larceny

What Is Stealing / Larceny?

In NSW, stealing, theft and larceny generally refer to the unlawful taking and carrying away of property belonging to another person, without their consent, and with the intention to permanently deprive the owner of that property. 

The criminal offence is established when the prosecution proves, beyond reasonable doubt, all of the following elements:

• You took and carried away property;
  

• The property belonged to someone else;
  

• You did not have the owner’s consent;
  

• You intended to permanently deprive the owner of the property; and
  

• Your actions were dishonest. 
  

If one or more of these elements cannot be proven, a finding of not guilty may follow.

How Serious Is a Larceny Charge?

Larceny is a serious offence under section 117 of the Crimes Act 1900 (NSW) and carries significant legal penalties. The maximum penalty is up to 5 years’ imprisonment when dealt with on indictment in the District Court. More commonly, larceny matters are heard in the Local Court, where penalties depend on the value of the property taken:

• Property valued at $5,000 or less: maximum of 12 months’ imprisonment and/or a fine;
  

• Property valued at more than $5,000: maximum of 2 years’ imprisonment and/or a fine;
  

• District Court matters: up to 5 years’ imprisonment. 
  

Despite severe maximum penalties, courts often impose other sentences based on the circumstances of the offence and the offender. These can range from fines and community orders to non-custodial orders and, in some cases, no conviction recorded. 

Why You Need Skilled Legal Representation

Even seemingly minor stealing or larceny charges can affect your future employment, travel, and personal liberty. At ADADA Legal, our criminal lawyers will:

• Review the evidence and assess whether the prosecution can prove all elements;
  

• Identify legal defences that may apply to your case;
  

• Advocate to have charges reduced or withdrawn where appropriate;
  

• Represent you at court hearings and negotiate with prosecutors;
  

• Seek the most favourable outcome, including non-conviction orders where possible. 
  

Whether you intend to plead guilty or contest the charge, having experienced defence counsel can make a substantial difference in how your matter is resolved.

Stealing and Larceny Frequently Asked Questions

What’s the difference between stealing and robbery?

Stealing or larceny involves taking property without consent, whereas robbery additionally requires force or the threat of force against a person. These are distinct criminal offences with different legal elements.

What must the prosecution prove in a stealing charge?

The prosecution must prove the item was taken without consent, belonged to someone else, was taken dishonestly, and with the intention of permanently depriving the owner of it.

Can I be charged if I honestly thought the property was mine?

Yes — but there is a possible defence known as a “claim of right”, where you genuinely believed you were legally entitled to the property. If established, this can be a defence to a larceny charge.

What penalties could I face if convicted?

Penalties vary but may include fines, community corrections orders, intensive correction orders, or imprisonment — especially if the property’s value is significant or aggravating factors apply.

Is imprisonment likely for a first-time stealing offence?

Imprisonment is generally reserved for more serious matters or repeat offending. Many larceny cases result in non-custodial penalties, but every case must be assessed individually.