What is Embezzlement And Larceny As A Clerk Or Servant?

If you are charged with Embezzlement And Larceny As A Clerk Or Servant, let our responsive team of experts manage your defence. Contact Nott and Co Lawyers. We are the most responsive criminal lawyers in NSW and will get you a straight answer in 24 hours. Best possible outcomes at best fixed fee prices.

The relevant sections of the Crimes Act 1900 (NSW) are ss 156, 157 and 160.

Section 156 applies if you were a clerk or servant’ and arises when you steal property belonging to your employer.

Section 160 applies if you were a public servant.

This is a species of fraud. The penalties are heavy. You can have the best chance of avoiding a conviction or stiff penalty with the experienced legal team at Nott and Co Lawyers. We will get you answers within 24 hours.

What The Prosecution Must Prove

To prove Embezzlement And Larceny As A Clerk Or Servant charges, prosecution must prove:

  • That you were an employee;
  • That you had possession of the money or property on behalf of your employer;
  • That you fraudulently stole or misappropriated the money or property for some other use.
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Defences for Embezzlement And Larceny As A Clerk Or Servant

Possible defences include:

  • Where you honestly and reasonably believed that you had a legal claim to the property (claim of right);
  • Where you were threatened or coerced into embezzling the money or property and did so having your own free will overpowered (duress).


  • Where you were suffering from a mental illness at the time of the offence (mental illness)
  • Where your conduct was necessary to prevent serious injury or danger (necessity)
  • Where someone threatened or coerced you into committing fraud (duress)

Defence Of Human Trafficking Charges

Full time imprisonment is an option open to the Courts, so the charge of Human Trafficking is a serious one. Nott and Co Lawyers will defend your rights if charged. Our experts can negotiate with police, seek to have facts amended, run a dispute facts hearing if required and provide you with a robust defence if you wish to plea not guilty.

We Will Respond Within 24hrs

If you are in trouble with the law, you need to get legal advice as soon as possible. The most important thing for Nott and Co Lawyers is to get back to you quickly.

Our commitment to anybody who reaches out to us is that we will be back in touch within 24hrs – personally and not via automated message.

People work around the clock these days and Nott and Co Lawyers always has the lights on to make sure that if you need us, you can find us.

Technology is in the DNA of Nott and Co Lawyers. Microsoft Teams, Zoom, Facetime, dictation software, and mobile phones are everyday tools that we use to keep costs down for our clients and ensure that our lawyers are accessible.

We have a network of barristers and solicitors from all fields of legal practice. We call upon them for our clients to make sure that legal issues are examined from all angles.

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