People are often surprised by how seriously NSW courts treat larceny. Even where the value of the item taken is small, or where the situation involved a genuine mistake, a conviction for stealing creates a criminal record. This offence can then affect your employment, professional licences, and ability to travel overseas.
The good news is that larceny charges are frequently defended, downgraded, or resolved without a conviction. This is particularly true where the prosecution cannot prove every element of the offence, or where there is a credible explanation for what happened. That’s why getting the right legal advice early gives you the best chance of a good outcome.
This fact sheet explains what larceny means under NSW law, what prosecutors must prove, what defences are available, how sentencing works, and what to do next.
Key Takeaways
- Larceny is a criminal offence under section 117 of the Crimes Act 1900 (NSW), carrying a maximum penalty of 5 years imprisonment.
- The prosecution must prove four elements beyond reasonable doubt. If any one of them cannot be established, the charge should not succeed.
- Defences include lack of intent, claim of right, consent, and honest belief in abandonment.
- First-time offenders regularly receive non-conviction outcomes, including section 10 dismissals.
- Charges can often be negotiated down or withdrawn before a hearing, skilled representation at an early stage matters.
- O’Brien Criminal & Civil Solicitors appear regularly in the Local Court, District Court and Court of Criminal Appeal in larceny and related dishonesty matters.
Act Quickly If You Are
- Charged with larceny, shoplifting, or goods in custody
- About to attend your first court date without legal advice
- Unsure whether to plead guilty or contest the charge
- Facing a larceny charge arising from a workplace, protest, or public order incident
- Concerned about the impact of a conviction on your employment or travel
Call O’Brien Criminal & Civil Solicitors on 02 9261 4281 before entering any plea.
What Is Larceny in NSW?
In NSW, larceny is the formal legal term for stealing. It is defined as the unlawful taking and carrying away of property belonging to another person, with the intention of permanently depriving them of it. Each word in that definition matters.
To secure a conviction, the prosecution must prove all four of the following elements beyond a reasonable doubt:
- The property belonged to someone else
- The accused took the property without the owner’s consent
- There was an intention to permanently deprive the owner of the property
- The taking was dishonest
If any one of these elements cannot be proven to the required standard, the charge should not succeed. A charge that looks straightforward on paper can often be defended on intent, consent, or dishonesty, and this is why the specific facts and circumstances are so important.
Types of Larceny Charges in NSW
Simple Larceny
A standard larceny charge under section 117 of the Crimes Act 1900 (NSW) applies where property is taken without any aggravating factors. It carries a maximum penalty of 5 years imprisonment. Most larceny matters, including shoplifting, fall into this category.
Larceny as a Clerk or Servant
Under section 156 of the Crimes Act 1900 (NSW), an employee who steals from their employer faces a maximum penalty of 10 years imprisonment. This applies to workplace theft by retail employees, tradespeople, office workers, and others alleged to have stolen in the course of their employment.
Goods in Custody
Under section 527C of the Crimes Act 1900 (NSW), a person found in possession of goods reasonably suspected to be stolen, without a satisfactory explanation, can be charged with goods in custody. The maximum penalty is 6 months’ imprisonment. This charge is sometimes used as an alternative to larceny, where the prosecution cannot prove the full act of taking.
Larceny by Finding
A person who finds lost property and keeps it without taking reasonable steps to locate the owner can be charged with larceny. The key question is whether there was a reasonable means of identifying the owner and whether the person made any genuine effort to return the item.
How Larceny Is Dealt With in NSW Courts
Larceny under section 117 is a Table 1 offence under the Criminal Procedure Act 1986 (NSW), meaning it can be dealt with summarily in the Local Court or on indictment in the District Court. Either the prosecution or the accused may elect for the matter to be heard in a higher court. In practice, most larceny matters are finalised in the Local Court.
Where the property value is relatively low and there are no significant aggravating factors, the matter will usually stay in the Local Court. In the Local Court, the maximum penalty for larceny is 2 years imprisonment and a fine of up to 50 penalty units, depending on the value of the property. More serious charges, particularly those involving higher value property or aggravating circumstances, may proceed to the District Court, where the full 5-year maximum applies.
Defences To A Larceny Charge
There are several defences available to a person charged with larceny. The right approach depends on the facts of the case.
Lack of intent:
Larceny requires an intention to permanently deprive the owner of their property. If you genuinely believed the property was abandoned, that you had permission to take it, or that it belonged to you, the intent element may not be satisfied. Accidentally leaving a shop without paying, or picking up an item belonging to someone else by genuine mistake, are examples where intent may be absent.
Claim of right:
A person who takes property under a genuine belief that they have a legal right to it is not guilty of larceny, even if that belief turns out to be wrong. The belief must be honest, but it does not need to be reasonable.
Consent:
If the owner consented to the taking, there is no larceny. This can arise where property was taken under a genuine misunderstanding about whether permission had been given.
Honest belief in abandonment:
If you genuinely believed the property had been abandoned and that it had no owner, and you had no dishonest intent, taking it may not constitute larceny. This commonly arises in larceny by finding and goods in custody matters.
Duress or necessity:
In limited circumstances, duress or necessity may be available, for example, where property was taken under threats or in a genuine emergency.
Penalties and Sentencing
If you plead guilty or are found guilty, the court will consider a range of factors when deciding the appropriate sentence.
Factors that can increase the seriousness of the offence include the high value of the property taken, evidence of premeditation or planning, prior convictions (particularly for dishonesty offences), breach of trust such as theft from an employer or a vulnerable person, and targeting of a vulnerable victim.
Factors that may reduce the penalty include genuine remorse and an early guilty plea, no prior criminal record, restitution made to the victim, strong character references and community ties, personal circumstances such as financial hardship or mental health, and a low value of the property taken.
Non-Conviction Outcomes
Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a court may dismiss a charge and record no conviction, even where a person is found guilty. This is one of the most significant outcomes available in a larceny case, it means no criminal record is created. Courts consider the person’s character, the relatively minor nature of the offence, any extenuating circumstances, and whether a non-conviction order serves the interests of the person and the community.
A Conditional Release Order without conviction under section 9 of the same Act is a similar outcome: the court records a finding of guilt but does not formally convict the person, releasing them on conditions for a set period.
First-time offenders and those with strong mitigating circumstances regularly receive non-custodial outcomes, including section 10 dismissals, Conditional Release Orders, Community Correction Orders, and fines.
Real-World Scenarios
Scenario 1: The Genuine Mistake
A person is browsing a hardware store, picks up a small item while comparing products, and walks out of the store having forgotten to pay. They are stopped by a loss prevention officer and charged with larceny. Because larceny requires dishonest intent, a person who genuinely forgot to pay and did not act to conceal the item may have a strong defence. CCTV footage and their behaviour in the store are critical pieces of evidence.
Scenario 2: Claim of Right Between Former Partners
Following a relationship breakdown, a person enters the former shared home and takes items they believe belong to them. They are charged with larceny. A claim of right defence may apply if they had an honest belief, even if ultimately incorrect, that they were legally entitled to the property. Their belief does not need to have been reasonable, only genuine.
Scenario 3: Goods in Custody After a Protest
A person attends a public demonstration and, in a chaotic crowd, picks up an item that has fallen to the ground. Police approach and, unable to determine the origin of the item, charge the person with goods in custody. A solicitor can challenge whether the prosecution can establish that the goods were reasonably suspected of being stolen, and whether the person’s explanation was satisfactory in the circumstances.
Case Study: Protest Larceny Charge Withdrawn
Client details changed to protect confidentiality.
Declan was charged with larceny after picking up a police body-worn camera during a chaotic protest in Sydney. He had no idea what the item was, did not attempt to conceal it, and did not leave the scene. Shortly after picking it up, he approached police officers nearby.
Our defence team argued that Declan had no intention of stealing the camera and that his conduct was entirely inconsistent with dishonesty; he did not conceal the item, did not attempt to leave, and voluntarily approached the police. The prosecution could not establish intent to permanently deprive on those facts.
The larceny charge was withdrawn. Declan pleaded guilty to the lesser charge of goods in custody under section 527C and received a Conditional Release Order without conviction. He left court with no criminal record.
Read more criminal defence case studies.
What Happens After You Are Charged
After being charged with larceny, you will either receive a Court Attendance Notice (CAN) specifying when and where to appear, or in more serious matters you may be taken into custody for a bail hearing. Most larceny charges are dealt with by way of a CAN.
At your first court appearance, you will be asked to enter a plea. You do not have to decide immediately in all cases. Do not enter any plea without legal advice, it is one of the most common and consequential mistakes people make.
Before advising on a plea, your lawyer will obtain and review the prosecution’s brief of evidence, which includes witness statements, CCTV footage, police records, and any other material the prosecution intends to rely on. Identifying weaknesses at this stage is critical. In many cases, a solicitor can negotiate with the prosecutor to have charges withdrawn, downgraded, or for the agreed facts at sentencing to be framed in a way more favourable to you.
Frequently Asked Questions
Do I have to plead guilty just because I technically took something?
No. Larceny requires the prosecution to prove intent, dishonesty, and absence of consent, not just the physical act of taking. Many people who took something plead not guilty because one or more elements of the offence cannot be established on the facts.
What if the item was of very low value?
Low value is a significant mitigating factor at sentencing and may support a non-conviction outcome such as a section 10 dismissal. It does not, however, make the charge disappear on its own, legal advice is still important.
Will I get a criminal record if I plead guilty?
Not necessarily. For first offenders in particular, courts regularly impose non-conviction outcomes under section 10 or section 9 of the Crimes (Sentencing Procedure) Act 1999. The quality of submissions made on your behalf at sentencing is a key factor.
Can a larceny charge affect my visa or right to travel?
Yes. A conviction for a dishonesty offence can affect visa applications, character assessments, and entry to certain countries. This is one of the most important reasons to pursue a non-conviction outcome wherever possible.
What if I am charged with stealing from my employer?
Larceny as a clerk or servant under section 156 carries a maximum penalty of 10 years, double the standard larceny maximum. These matters require early, specialist legal advice.
How O’Brien Criminal & Civil Solicitors Can Help
O’Brien Criminal & Civil Solicitors has extensive experience in theft, property and dishonesty matters, including larceny, goods in custody, shoplifting, workplace theft, and larceny arising from protest and public order incidents. We appear regularly in the Local Court, District Court and Court of Criminal Appeal across Sydney and NSW.
We take the time to analyse the prosecution’s case thoroughly, advise you clearly on your options, and work toward the best available outcome, whether that means contesting the charge, negotiating a downgrade, or presenting strong sentencing submissions to avoid a conviction.
Call O’Brien Criminal & Civil Solicitors on 02 9261 4281 or fill out the form below.
