Larceny Charges in NSW

In New South Wales (NSW), larceny refers to the act of theft or stealing—specifically, the dishonest taking of someone else’s property with the intention of keeping it permanently. It is a serious criminal offence governed by the Crimes Act 1900 and can have long-lasting effects, including a criminal record.

What Is Larceny?

Larceny involves more than just taking something that doesn’t belong to you. For a charge of larceny to apply, several legal elements must be present:

Key Elements of Larceny

Taking and Carrying Away Property
There must be a physical act of taking and moving the property.

Ownership by Another Person
The property must legally belong to someone other than the accused at the time of the incident.

Lack of Consent
The property must be taken without the owner’s permission.

Intention to Permanently Deprive
The person taking the item must have intended not to return it.

No Honest Claim of Ownership
The accused must not genuinely believe they had a legal right to the property.

Legal Defences Against Larceny Charges

If you’re facing a larceny charge in NSW, several legal defences may apply depending on the circumstances:

Claim of Right
The accused believed, in good faith, that they were entitled to the property—even if that belief was mistaken.

Duress
The act was committed under threat or coercion, and the accused felt they had no other choice.

Penalties for Larceny in NSW

Larceny carries a maximum sentence of 5 years’ imprisonment. The specific penalty depends on the value of the stolen goods:

Value of Property	Maximum Penalty
Over $5,000	2 years imprisonment and/or a fine of $11,000
$5,000 or less	12 months imprisonment and/or a fine of $5,500
$2,000 or less	2 years imprisonment and/or a fine of $2,200

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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* Information contained in this article is of a general nature only and should not be relied upon as concise legal advice.
Please contact for legal advice tailored to your situation. *