Written by
Bill Potts
Director - Criminal Lawyer
If you have been charged with Commonwealth Offences or are enquiring about what the law states you come to the right website!
Date: 09/01/2009
What the Law states - Larceny
Section 117 of the Crimes Act states:
117 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.
What the Police must prove - Larceny
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. The accused wrongfully took and carried away.
2. The personal goods of another.
3. With the intention of permanently depriving the owner of such property.
4. Without his or her consent.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Maximum Penalty - Larceny
The Maximum penalty for the offence of Larceny is 5 years imprisonment.
Which court will hear the matter - Larceny
Where the value of the property exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the value of the property does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Possible Defences - Larceny
Possible defences to this offence include but are not limited to
1. Duress
2. Necessity
3. Self Defence
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