Larceny, Robbery & Property Offences
Larceny
Larceny is known more commonly as stealing and/or shoplifting. Essentially, the offence of larceny or stealing is the taking of property that you have no legal entitlement too. The typical example is the taking property away from a store without any intention of paying.
What is the penalty for larceny?
The penalty is based in the value of the property stolen.
For property under $2,000 the maximum penalty is two years imprisonment and/or 20 penalty units.
For property between $2,000 and $5,000 the maximum penalty is two years imprisonment and/or 50 penalty units.
For property over $5,000 the maximum penalty is two years imprisonment and/or 50 penalty units.
Defences to Larceny
There are a number of defences to Larceny, it is important to remember to obtain competent legal advice early in your matter. Catron Simmons Lawyers, will be able to assist you in determining whether there is a viable defence to Larceny.
Some defences to Larceny are:
– You had consent from the owner to take the property
– You may have a claim of right over the property
– In certain circumstances, you had no intention to permanently deprive the owner of the property.
Goods in Custody
Goods in Custody or Persons Unlawfully in possession of Property involves property that is reasonably suspected of being stolen and is in the custody of;
- Personal custody
- Custody of another
- Has anything in or on premises, whether belonging to or occupied by himself/herself, whether or not it is for their use or not
- Gives custody to another person who is not lawfully entitled to
What is the penalty for Goods in Custody?
The maximum penalty for Goods in Custody that is not a motor vehicle is six months imprisonment and/or $550 fine.
The maximum penalty for Goods in Custody that is a motor vehicle is twelve months imprisonment and/or $2,200 fine.
What are some possible defences for Goods in Custody?
Some of the possible defences for Goods in Custody are;
- The Property was lawfully obtained and is not stolen or could be reasonably suspected of being stolen
- Not in possession of the items and did not give it to another person
- Necessity
- Duress
Embezzlement / Larceny Clerk or Servant
Larceny or Stealing by a Clerk or Servant is very similar to a normal larceny except the stealing occurs in your capacity as an employee. The more common examples are stealing money from the cash register and stealing stock from a store.
Similarity, Embezzlement by a Clerk or Servant is embezzlement by a person in the capacity of an employee. Embezzlement is the stealing of property before it comes into the employers possession.
The easiest example between the larceny and embezzlement is that a customer hands over cash to you. Embezzlement would occur if you put the money straight into your pocket, whereas the Larceny would occur if the money went in the till/cash register and then into your pocket.
What is the penalty?
The penalty for both Larceny and embezzlement by a Clerk/Servant is based on the property stolen and are the same for each offence:
If the value does not exceed $2,000 the maximum penalty is two years imprisonment and/or 20 penalty unit.
If the value is between $2,000 and $5,000 the maximum penalty is two years imprisonment ad/or 50 penalty unit.
If the value is over $5,000 the maximum penalty is two years and/or 100 penalty units.
Defences to Larceny / Embezzlement by a Clerk/servant
Some defences to Larceny are:
– You had consent from the owner to take the property
– You may have a claim of right over the property
– In certain circumstances, you had no intention to permanently deprive the owner of the property
– You are not working in the capacity of Clerk and/or Servant.
Robbery & Steal from Person
Robbery and Steal from Person is similar to Larceny however, it combines or includes an assault with the intention of robbing any person.
Examples of Robbery or Steal from Person can include;
- Threatening someone with violence to force them to hand over their property
- Pushing / punching / kicking a person and removing their property
What is the penalty of Robbery / Steal from Person?
The maximum penalty of Robbery and/or Steal from Person is 14 years imprisonment.
What are the possible defences of Robbery?
Some possible defences for Robbery are;
- No intention or actual Larceny
- Did not assault the person
- Claim of Right
- Duress
- Self Defence
Aggravated Robbery
Robbery and Steal from Person is similar to Larceny however, it combines or includes an assault with the intention of robbing any person.
Aggravated Robbery is Robbery in circumstances of aggravated being:
- Corporal violence
- Intentionally or recklessly inflicts Actual Bodily Harm
- The offender deprives any person of his/her liberty
What is the penalty for Aggravated Robbery?
The maximum penalty for Aggravated Robbery is 20 years imprisonment.
What are some of the defences to Robbery with Wounding?
- Duress
- Self Defence
- Necessity
- Arguing the Injury does not meet the required standard
Robbery with Wounding
Robbery where the assault results in a wounding or infliction of grievous bodily harm.
Wounding involves the breaking of the skin.
Grievous Bodily Harm is any injury that is “really serious”.
What is the penalty for Robbery with Wounding?
The maximum penalty for Robbery with wounding is 25 years imprisonment.
What are some of the defences to Robbery with Wounding?
- Duress
- Self Defence
- Necessity
- Arguing the Injury does not meet the required standard
Armed Robbery
Armed Robbery is a Robbery while being armed with an offensive Weapon or instrument in the company of another thereby assaulting the another resulting in a wound or grievous bodily harm injuries.
Wounding involves the breaking of the skin.
Grievous Bodily Harm is any injury that is “really serious”.
What is the penalty for Robbery with Wounding?
The maximum penalty for Armed Robbery is 25 years imprisonment.
What are some of the defences to Robbery with Wounding?
- Duress
- Self Defence
- Necessity
- Arguing the Injury does not meet the required standard
- Were not in company at the time.
Helpful Information
What are the alternatives to imprisonment?
You should obtain legal advice before going to court and pleading guilty to any offence. A well presented sentencing will ensure that you receive the best outcome for your situation.
In NSW, a court can impose any of these types of penalties:
Non Conviction Dismissal (s10(1)a)
This is an order of the court that means there is no conviction recorded and no further action/penalties. Essentially as soon as you leave the court the matter is completely finalised.
Conviction Only s10A
This is an order from the court that means you are convicted of the offence but there is no further penalty and the matter is completely finalised once you leave the court room.
Community Release Order (CRO)
A CRO is the less serious of the bonds; they come in two forms conviction CRO and non-conviction CRO. These bonds can be supervised by Community Corrections or not, it is a matter for the court. That being said the court can order supervision and Community Corrections can discontinue supervision if they deem appropriate. A standard condition of all orders is that an offender must not commit any offence and that the offender must appear in court if called upon to do so. Additional conditions can also be imposed like any other bond that can include but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Fine
A Court can order a fine as the whole or part of a penalty, meaning the court can order a bond in conjunction with a fine. A fine is a conviction. The maximum fine available for each offence varies and is usually articulated as part of the offence as a penalty unit. Generally speaking, after the court has sentenced you and given you a fine you have 28 days to pay, however, the court registry can increase this time to pay the fine and arrange payment plans. Failure to pay the fine will result in an enforcement order, this can have consequences such as suspension of your drivers licence and/or registration. Following this further orders such as a civil enforcement order, community service and/or goal may be utilised instead.
Community Corrections Order (CCO)
A CCO is the more serious of the bonds and are used when the offence is to serious to be dealt with by way of a fine or CRO. The CCO cannot exceed three years. This bond can be supervised or unsupervised by Community Corrections. A standard condition of all orders is that an offender must not commit any offence and that the offender must appear in court if called upon to do so. The court can add additional orders including but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Intensive Correction Order (ICO)
An ICO is a type of imprisonment or custodial sentence yo to two courts that the court decides can be served in the community. The ICO is the most serious of court orders that an offender can serve in the community and are not available for a number of offences involving Violence, breaches of public safety and child related matters. The court can add conditions to an ICO such as home detention, electronic monitoring, curfews, community service work, alcohol/drug restrictions, place restrictions, association orders and/or whatever the court see fits. An ICO is monitored and supervised by Probation and Parole NSW and any breaches of the order are referred to the NSW State ParolAuthority (SPA) and not the courts. Often the offender is required to then serve the remainder of their sentence in custody as a result of a serious breach.
What are my options? What is a conviction?
A conviction means that the court has found you guilty and has deicide to record the offence in a ‘formal’ declaration.
It is possible to have a matter ‘proven, but no conviction recorded’ if the court sees fit. This is commonly referred to as a s10 (although it is now a Community Release Order without conviction or s10(1)a)).
If convicted of any offence, this is recorded on your criminal record. This existence of a criminal record may affect future employment, travel especially to places like the United States.
If you believe you are not guilty of an offence it is important to get legal advice early as there are discounts offered by the court for early pleas in sentencing.
What is written notice of pleading? Should I complete it?
A Written Notice of Pleading is a a document that is given to you by Police when charged or alternatively a letter or document sent to the court outlining your wish to plead guilty to the charges enforce the court.
Although this can be an attractive option and the forms seem fairly straightforward and it means that that you would not have to attend court this is actually a bad idea. A written notice stops the court understanding more about you as a person, your income, responsibilities and factors that could mitigate the punishment on sentence.
On a written plea of guilty the magistrate only has the Police Fact Sheet and Criminal Record as information, and often the penalty imposed would be greater, as the Court is not aware of the above factors. It is important to understand and agree with the contents of any fact sheet before they are tendered as this is what the court will base all their decisions on.
At Catron Simmons Lawyers, we can put forward the best case in your defence to often a fairer and more just outcome.