Being charged with a criminal offence, such as Larceny, Robbery, or Goods in Custody, can be overwhelming and confusing. This website provides an overview of key offences under the NSW Crimes Act 1900, offering a broad understanding of the charges you might face and potential penalties. It is essential to consider professional legal assistance to ensure the best way forward for your defence.
These offences can be prevalent among young offenders, especially in circumstances where young persons are in company (with other people). Supporting and navigating the system with Young People can be extremely difficult, and we would always advise obtaining legal advice early in any investigation.
Goods in Custody:- This offence refers to possessing property that is reasonably suspected of being stolen or unlawfully obtained. It is intended to target individuals who knowingly or recklessly handle stolen goods.
- This offence does not require proof that the accused stole the property, only that they were in possession of it under suspicious circumstances.
- No direct act of theft or robbery is necessary for this charge—mere possession with reasonable suspicion is sufficient.
Larceny:- commonly referred to as theft or stealing, is the unlawful taking of property belonging to someone else, with the intent to permanently deprive them of it. This can also include Break and Enter Offences in a general sense.
Robbery:- involves the theft of property combined with the use of force, threats, or intimidation. It is considered more serious than larceny due to the element of violence.
- Robbery includes an element of violence or the threat of violence, making it more serious than larceny.
- The property must be taken from the victim’s person or immediate presence, unlike larceny, which does not require proximity to the victim.
Summary of Key Differences
| Offence | Key Characteristics | Involvement of Violence? | Proximity to Victim? | Proof of Theft Required? |
|---|---|---|---|---|
| Larceny | Unlawfully taking property belonging to someone else with intent to permanently deprive the owner | ❌ | ❌ | ✅ |
| Robbery | Theft involving force, violence, or the threat of violence, directly from the victim or their presence | ✅ | ✅ | ✅ |
| Goods in Custody | Possession of goods suspected to be stolen or unlawfully obtained | ❌ | ❌ | ❌ |
Claim of Right
The defence of claim of right in the context of theft revolves around the accused’s genuine belief that they were legally entitled to the property in question. This defence is significant because it negates the mens rea—or mental intent—required for theft. The accused must demonstrate that their belief was genuinely held, regardless of its lack of foundation in law. The defence does not apply to acts of violence or assault committed during the taking of the property unless exceptional circumstances are demonstrated. Some Key Elements of Claim of Right Defence include:
-
Belief in Legal Entitlement:
- To invoke the claim of right defence, the accused must have an honest belief that they have a legal entitlement to the property. This belief does not need to be reasonable; however, it must be genuinely held.
-
Not Applicable to Assault Convictions:
- If the theft involves acts of assault (e.g., armed robbery), the defence often does not extend to the offence of assault committed in the process of taking the property.
-
Moral vs Legal Entitlement:
- The belief must be one of a legal entitlement to the property, not merely a moral entitlement. It is insufficient for the accused to believe they deserved the property for non-legal reasons.
-
Extent of Claim:
- The claim must extend to the entirety of the property being taken. If the claim only pertains to a portion of the property, the defence does not provide an answer for the excess.
The claim of right remains an interesting and nuanced defence in Australian criminal law, especially under the Crimes Act 1900 (NSW).