What is larceny meaning in Australian criminal law? Larceny, in simple terms, means stealing. It is an offence that involves theft, which relates to unlawful taking of property without the consent of the rightful owner. Some other types of theft include embezzlement or obtaining another property by false pretenses. Larceny is classified into two types: petty larceny and grand larceny.
Under common law, grand larceny is usually prosecuted as a felony, whereas petty larceny is usually prosecuted as a misdemeanour. Some states (such as North Carolina in the US) use the term "felonious larceny" instead of grand larceny under the Model Penal Code. It's important to know these terms to avoid being confused from Australian and US terms. This article discusses larceny meaning under Australian criminal law.
The Larceny Meaning Under the Law
The criminal offence of Larceny is found in Section 117 of the Crimes Act 1900 (NSW), which states "whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years."
The larceny meaning is not limited to what the Crimes Act contains. The High Court provides a larceny meaning in Ilich v R (1987) HCA 1. The Court said that "larceny is committed by a person who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof."
Elements to Prove in a Charge of Larceny
The larceny meaning involves physical and mental elements of the offence. For a charge of larceny to be sustained, the prosecution must prove, beyond a reasonable doubt, the following:
The Physical Elements of Larceny
The person who attempted larceny:
- Took and carried away,
- Property/possession capable of being stolen,
- Which belonged to another, and
- Without the consent of the owner.
The accused took property capable of being stolen
Section 4 of the Crimes Act 1900 defines property as every description of real and personal property; money, valuable securities, debts and legacies, and all deed and instruments relating to, or evidencing the title or right to such property.
Even the slightest movement can be enough to satisfy the elements of "took and carried away", if all of the other essential elements are satisfied.
Additionally, the property must have value. Even the slightest value will be sufficient for a larceny charge. The property must also be movable. For example, it is not larceny when one steals land. However, stealing items such as documents of title to land will be larceny.
The property belonged to another
A person cannot be charged with larceny if the property does not belong to someone. Thus, abandoned property cannot be the subject of larceny. Abandonment occurs when the owner has intentionally given up any interest in the property. For instance, wild animals not belonging to an estate cannot be stolen.
Without the consent of the owner
The property must have been taken without the consent or permission of the owner.
The Mental Elements of Larceny
The accused took the property:
- With the intention of permanently depriving the owner,
- Without a claim of right, and
- The property was taken fraudulently or dishonestly.
The intention of permanently depriving the owner
To commit larceny, the person must, at the time of taking, intend to deprive the owner of the property permanently. It is worthy to note, however, that Section 118 of the Crimes Act 1900 provides that intent to return property is not a defence. However, the matter is determined on a case-to-case basis. For instance, borrowing a pen at the counter without asking would not fall under "larceny meaning" under the law.
Without a claim of right
A person cannot be found guilty of larceny if they believe that the property belongs to them. A claim of right means that the person has an honest and genuine belief that they have a legal entitlement to the property.
The belief should not come from wishful thinking, but it is not required to be reasonable either. So long as that person genuinely believes they have a legal claim to the property, they have a "claim of right". Thus, if no claim of right exists, a person can be charged with larceny.
Fraudulently or dishonestly
For a larceny charge to be sustained, the taking or carrying away of the property has to be done "fraudulently" or "dishonestly." The Court must specifically identify the knowledge, belief or intention that accompanied the alleged larceny and decide whether it was dishonest or fraudulent according to the standard of "ordinary, decent people".
An example of this element is if a person mistakenly took and carried away another person's suitcase at the airport, thinking it was theirs. If it is proved that the taking was done as an honest mistake, the accused could not be charged with larceny. However, it could be larceny if the person later becomes aware of the mistake and chooses not to rectify it.
If the police fail to prove any physical or mental elements of larceny, they can not charge a person with larceny.
What Is the Maximum Penalty for Larceny?
The maximum penalty for Larceny is five years' imprisonment. However, if the Local Court hears the matter, the penalties available are subject to limitations based on the market value of the stolen property. The maximum penalty for this crime include:
- More than $5,000 AUD (value of stolen item). Two years' imprisonment and/or 100 penalty units and a fine of $11,000 AUD.
- Less than $5,000 AUD (value of stolen item). Two years' imprisonment and/or 50 penalty units and a fine of $5,500 AUD.
- Less than $2,000 AUD (value of stolen item). Two years' imprisonment and/or 20 penalty units and a fine of $2,200 AUD.
If the matter is heard on indictment in the District Court, there is no jurisdictional limitation on the maximum penalty.
Robbery versus Larceny
People often confuse "robbery" and "larceny, but these two are very different offences. A larceny offence does not require the presence of violence or threat of violence. On the other hand, a robbery offence generally covers using threats and/or physical force to steal directly from people.
In simpler terms, larceny involves the basic act of stealing without any further components such as violence or threat of violence. It simply involves physically taking away something that does not belong to you.
Larceny offences are dealt with summarily (in the Local Court) or on indictment (in the District or Supreme Court). However, robbery offences are indictable offences and can be dealt with only upon indictment. An indictment is a formal document (containing the charges an accused may face) that the prosecution files to commence a "trial on indictment".
Seeking Legal Advice About Stolen Personal Property
If you have been charged with a larceny offence, it is highly advisable to seek legal services.
JB Solicitors has a leading team of experienced lawyers in criminal law. We have dealt with numerous criminal law cases and can help with your situation. We offer legal advice and legal representation should the matter escalate to the Courts. Moreover, we can also answer any questions you have about larceny meaning and offence under the law.
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.