Charged with larceny in NSW.

The legislative source.

Larceny is the oldest property offence on the NSW statute book. Section 117 provides the penalty; section 116 preserves the common-law elements without restatement.

The common-law elements, as classically stated, are: (1) the accused took and (2) carried away ("asportation") (3) personal property (4) of another (5) without that other's consent and (6) with the intention of permanently depriving that other of the property, (7) the property having a value, and (8) the taking being fraudulent (in the sense of a dishonest taking, without claim of right made in good faith).

The mental element is the intention to permanently deprive. Section 118 confirms that an intention to return the property is not a defence where the accused acted without a claim of right and dealt with the property in a way that the owner would regard as permanent deprivation. The classic example is the joyride: the accused intends to return the vehicle, but the use is such that the owner would regard the property as permanently deprived.

Larceny sits alongside a number of other property offences that may be charged on the same facts: stealing from the person (s 94(b)), robbery (s 94(a)), and fraud (s 192E). The choice of charge often turns on the precise factual matrix and the value involved.

Penalties and likely outcomes.

The realistic range.

For first-offence low-value larceny (under $1,000) with no priors, a CCO with conviction or a section 10(1)(b) outcome (CRO without conviction) is achievable on a strong subjective case. Where the value is higher or the conduct involves a course of dealings, a CCO or ICO is the realistic range. Restitution before sentencing is one of the most powerful single mitigating factors.

Moderate-value matters ($1,000 to $5,000).

Section 10 outcomes are uncommon. A CCO with conviction is the realistic starting point on plea, with the subjective case shaping the term and conditions. Where there are priors for dishonesty, an ICO becomes the realistic outcome.

High-value matters (over $5,000).

Once the value exceeds $5,000, the matter falls within Table 1 of Schedule 1 of the Criminal Procedure Act 1986 (NSW), and the accused or the prosecution may elect to commit it for trial. Where the conduct involves a sustained course of dealings, breach of trust, or organised offending, full-time custody is the realistic outcome on indictment. ICOs of 18 to 30 months are achievable on a strong subjective case.

Defences and arguments worth running.

The asportation element.

The Crown must prove a taking and carrying away. Mere touching of the goods is insufficient. Where the accused did not move the property (e.g., a momentary handling in a shop without the property being moved across any threshold), the asportation element is contestable.

Intent to permanently deprive.

The Crown must prove an intention to permanently deprive. Borrowing without permission, intoxicated handling, or movement of property for a temporary purpose can defeat the intent element. Section 118 narrows this defence by treating use that amounts to permanent deprivation as a deemed permanent deprivation; but the section does not assist the Crown where the accused acted under a claim of right.

Claim of right.

An honest belief that the accused had a legal right to the property is a complete defence. The claim must be made in good faith; it need not be reasonable. Where the accused believed (even mistakenly) that the property was his or her own, or that the accused was entitled to take possession of it, the claim-of-right defence is engaged.

Consent.

If the owner consented to the taking, the offence is not made out. Apparent consent obtained by deception is treated under the fraud framework (s 192E) rather than under larceny.

Identification.

For matters built on CCTV alone, identification is the central trial issue. The continuity of the CCTV (between the alleged offence and any subsequent surveillance) is examined closely.

What we do for clients facing this charge.

The first step is the brief: the statement of the complainant, the CCTV footage, the receipt and inventory material, any admissions, and any earlier criminal history that the prosecution intends to lead. Larceny matters often turn on a small number of facts; the brief is short but precise.

The second step (where the conduct is admitted) is restitution. Restitution before sentencing is one of the most powerful single mitigating factors in a larceny matter. The firm helps coordinate the practical steps (timing, documentation, communication with the complainant or insurer) so that the restitution narrative is in place by the time the matter is listed.

The third step is the subjective case. Where the conduct is at the lower end with a first-time offender, section 10 outcomes are achievable. Where there is a record of dishonesty offences, the strategy turns to a careful ICO or CCO case with continuing engagement, treatment where relevant, and a defensible plea narrative.

For matters that proceed to defended hearing, the brief is run on the elements (asportation, intent to permanently deprive, consent or claim of right) and on identification where it arises.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with larceny in the first hour.

What evidence police usually rely on.

The recovered property (where any), CCTV from the location of the alleged theft, the complainant's statement, and any admissions said to have been made on arrest.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• Any receipt, registration, or evidence of provenance for the property said to have been stolen.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Selling, disposing of, or moving any of the property in question. Even good-faith disposal is often charged as a further offence.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. Where the property and the conduct are not in dispute, an early plea preserves the discount and clears the way for a section 10 application on a low-value matter.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · larceny matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.