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ADLA member for - QLD

Written by
Bill Potts
Director - Criminal Lawyer


Commonwealth Offences - Federal
If you have been charged with Commonwealth Offences or are enquiring about what the law states you come to the right website!
The Law - Larceny as a Clerk
Date: 09/01/2009

What the Law states - Larceny as a Clerk

Section 156 of the Crimes Act states:

Whosoever, being a clerk, or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, shall be liable to imprisonment for ten years.

What the Police must prove - Larceny as a Clerk

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 person was a clerk or servant.
2. The property charged was owned by his or her master, or was in the power or possession of the master.
3. The accused person stole the property.

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 as a Clerk

The Maximum penalty for the offence of Larceny by Clerk or Servant is 10 years imprisonment.

Which court will hear the matter - Larceny as a Clerk

Where the value of the property charged 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 charged 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 as a Clerk

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity

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