Larceny Charge Dropped for Protester After Body Camera Mix-Up: Charged with larceny or goods in custody? Learn how our client Declan* avoided a conviction after being mistakenly charged during a chaotic protest.
Case Summary: Larceny Charge
Our client Declan was charged under two provisions of the Crimes Act 1900 (NSW):
- Section 117: Larceny (stealing)
- Section 527C(1)(a): Goods in Personal Custody Suspected of Being Stolen
The charges related to a body-worn police camera he picked up during a chaotic protest. Despite the seriousness of the initial allegations, our criminal defence team successfully argued that Declan had no intent to steal. The larceny charge was dropped, and he received a Conditional Release Order (CRO) without conviction for the lesser offence of goods in custody. This allowed him to avoid a criminal record, a huge win.
What Happened?
Declan attended a large-scale protest in Sydney that became tense and involved multiple police arrests. During the scuffle, a police officer’s body-worn video camera became dislodged and fell to the ground while still recording.
Video footage captured Declan picking up items from the ground, including the camera, while others did the same nearby. He placed the device in his pocket without examining it or trying to hide it. Shortly after, Declan approached police officers to ask about an arrested protestor, showing no attempt to flee or avoid authorities.
Police later located the camera in Declan’s possession and charged him with larceny, alleging he intended to steal the device, which was valued at $700.
Legal Defence and Outcome
Our legal team quickly got to work and made detailed defence representations. We argued that:
- There was no evidence Declan intended to permanently deprive the NSW Police of the camera (an essential element of larceny).
- His behaviour was consistent with momentary confusion during a chaotic event.
- He made no effort to hide the item and continued engaging with the police afterwards.
After negotiations, the police agreed to withdraw the larceny charge.
In the end, he received no criminal record.
Outcome
- Larceny (s 117): Withdrawn
- No Conviction Recorded
- CRO for 6 Months
This was an outstanding result for Declan, allowing him to move forward without a mark on his criminal record.
Read our other successful Criminal Case Studies.
Charged with Larceny or Goods in Custody? We Can Help
If you’ve been charged under Crimes Act 1900 (NSW) s 117 for larceny, or s 527C for having suspected stolen goods, don’t leave your future to chance. Even a simple misunderstanding can lead to serious legal consequences.
Our experienced criminal lawyers in Sydney can:
- Get larceny charges dropped or downgraded
- Argue for no conviction
- Protect your criminal record and reputation
Charged with Larceny or Goods in Custody After a Protest?
If you’ve been charged with Larceny or Goods in Custody After a Protest, you need expert legal advice. At O’Brien Criminal and Civil Solicitors, we regularly represent clients charged in connection with protests, public order incidents, and police encounters.
Contact us today for a confidential consultation and take the first step towards resolution.
Call (02) 9261 4281
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Or enquire online for a confidential consultation.
*We always change details in our case studies to protect client confidentiality.
