Larceny, which is the theft of personal property, is an offence under the Crimes Act.
Generally, it is the act of taking or carrying away property without the consent of its owner (whether fraudulently and/or without claim or right), with the intent of permanently depriving its owner of such property.
The penalty imposed by the Court varies and is subject to the value of the property stolen. That is, if the value of the stolen property is:
- less than $2,000, the maximum penalty is $2,200
- over $2,000 but less than $5,000, the maximum penalty is 12 months imprisonment or a fine of $5,500.
- over $5,000, the maximum penalty is 2 years imprisonment
The court may make a conviction against you, if the following elements are satisfied:
- you took property from another person
- without the consent of that person
- that property was owned by that other person
- you formulated an intention of permanently depriving that person of that property
Robbery, which is the offence of ‘stealing’ property from another person - s 94 to 99 of the Crimes Act. Although it is like larceny, it is more serious as it involves an assault.
Robbery offences include:
- Robbery with wounding – s 96 of the Crimes Act [where you steal something with a physical threat of violence and as a result another person is wounded]
- Armed robbery/armed robbery in company – s 97(1) [where more than one person are involved and at least one person of those people armed with a weapon]
- Aggravated armed robbery – s 97(1) and 97(2) [where an instance of grievous bodily harm occurs]
- Armed robbery with wounding – s 98 [where more than one person are involved and at least one person of those people armed with a weapon and another person was wounded in the process of stealing property]
- Demanding property with intent to steal – s 99
The court may convict if the following elements are satisfied:
- you took or intended to take property from another person, without the intention of returning it, without the consent of that person and that property was owned by that other person
- the other person was present when you took the property
- violence (or threat of violence) was used in taking the property
The lawyers at Sterling Legal are veteran practitioners and have the skills and experience to sensitively and successful handle your case.
For more information, talk to the lawyers at our Community Law office today on 96497007.