Accused of Larceny in NSW? Why Choosing the Right Criminal Lawyer in Sydney Matters: Being charged with larceny under s 117 Crimes Act 1900 (NSW) is a serious matter. Whether it's a misunderstanding or a momentary mistake, a conviction for larceny can result in a criminal record, fines, or even imprisonment, with long-term consequences for your employment, reputation, and travel.
That's why it's critical to get the right legal advice, and fast.
What Is Larceny Under NSW Law?
Larceny is the legal term for stealing. Under Section 117: Larceny (stealing), it is defined as unlawfully taking and carrying away someone else's property with the intention of permanently depriving them of it.
To convict someone of larceny, police and prosecutors must prove:
- The property belonged to someone else
- The person took the property without consent
- There was an intention to permanently deprive the owner
- The act was done dishonestly
Even small-value items can lead to a larceny charge. And because dishonesty is a key element, the circumstances surrounding the alleged offence matter greatly.
Why a Skilled Sydney Criminal Lawyer Makes the Difference
When charged with larceny, many people panic, especially if it's their first time dealing with the legal system. But the way your case is handled from day one can make all the difference.
A good criminal defence lawyer in Sydney will:
- Carefully analyse the police evidence
- Challenge any weak or missing elements (like intent or dishonesty)
- Negotiate to get charges dropped or reduced
- Present strong arguments in court for a non-conviction outcome
- Help you avoid long-term damage to your criminal record
Case Study: Protester's Larceny Charge Dropped
In a recent case, our client Declan* was charged with larceny after picking up a police body-worn camera during a chaotic protest. He had no idea what the item was and did not attempt to hide it, in fact, he approached the police soon after.
Our defence team argued that Declan never intended to steal the camera and that his behaviour was consistent with confusion, not dishonesty. The prosecution ultimately withdrew the larceny charge and allowed Declan to plead guilty to a lesser offence of goods in custody.
He was given a Conditional Release Order (CRO) meaning he kept a clean record and avoided serious penalties.
Read the full case study here →
*We always change details in our case studies to protect client confidentiality.
Charged with Larceny or Goods in Custody After a Protest?
If you've been charged with larceny or goods in custody,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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
