WHAT IS LARCENY?

Larceny is the legal term for ‘stealing’ - it refers to when an individual takes another person’s property without their permission.

Outside of serious court punishments for this offence, a guilty conviction may also carry other significant consequences. These include current employment or future job prospects, obtaining security clearances, and travelling overseas. A major concern for employment is that a larceny charge on a criminal records suggests dishonesty, which could be a deciding factor to whether someone can be hired.

PENALTY FOR LARCENY OFFENCES?

The maximum penalty for larceny offences is 5 years of imprisonment.

WHAT IS A ROBBERY OFFENCE?

Robbery is defined as taking someone else's property through violence or the threat of violence, and it is considered a criminal offence in New South Wales. Any person found guilty of robbery or assault with intent to rob must be prosecuted by indictment, meaning the case will be heard in the District or Supreme Court.

Aggravated robbery refers to circumstances that —immediately before, or at the time of, or immediately after the robbery, assault or larceny— involve any one or more of the following:

• The alleged offender uses corporal violence on any person,

• The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,

• The alleged offender deprives any person of his or her liberty.

PENALTIES OF A ROBBERY OFFENCE

The maximum penalty for robbery offence is 14 years of imprisonment, and for aggravated robbery is 25 years of imprisonment.

GUILTY PLEA

The police must establish beyond a reasonable doubt that:

• You intended to steal,

• You took property,

• You did so from the victim's immediate control or presence,

• You used violence or instilled fear in the victim,

• There were aggravating circumstances immediately before, during, or right after the assault.

If you agree with the charges brought by the police, you have the option to enter a guilty plea. Should you choose this route, you will likely move directly to sentencing, where one of the penalties listed above will be imposed.

It is advisable to obtain a psychological report for sentencing, as it provides the judge with detailed information about you for mitigation. If you enter a guilty plea at the earliest opportunity, you will receive a 25% reduction in your penalty at sentencing under the ‘25% Utilitarian Discount’.

NON GUILTY PLEA

If you do not agree with the allegations against you, you can choose to plead not guilty. In this case, the matter will go to trial, where the prosecution must present evidence to the Court to prove beyond a reasonable doubt that the offence occurred. If they succeed, you could face the penalties mentioned earlier.

As your criminal defence lawyers, our role is to challenge the prosecution's allegations on your behalf. We meticulously examine the evidence provided, working closely with you and Sydney’s most distinguished legal team to develop a defence case. Our role is to present contradictory evidence and refute claims made by the DPP.