What is Stealing And Larceny?

If you are charged with Stealing And Larceny, 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.

Larceny involves taking someone else’s property without their permission and without any intention of returning it. Shoplifting is a form of larceny.

This is a serious crime against property. Contact Nott and Co Lawyers for a free consultation. We will give you a straight answer within 24 hours of your consultation.

Larceny can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 5 years (If heard in the District Court).

What The Prosecution Must Prove

The Stealing And Larceny offence of Larceny is set out in section 117 of the Crimes Act 1900 (NSW). Before you can be found guilty of larceny, the prosecution has to prove six factors:

  1. You took and carried away property
  2. The property that was taken belonged to someone else
  3. The person who owned the property did not give permission for you to take it
  4. You did not intend to return the property to the owner
  5. You did not have a ‘claim of right’ to the property
  6. You took the property dishonestly
We Will Respond
Within 24hrs

Defences For Stealing And Larceny

If you feel that the prosecution may not be able to prove each and every one of these six factors beyond a reasonable doubt, you may consider entering a plea of ‘not guilty’ to the Stealing and Larceny Offence:

Our knowledgeable experts can also assist in identifying any possible defences to the charges, for example:

  • Where you believe that you had a claim of right to the property. Claim of right can be complex to argue.
  • Where you did not act dishonestly
  • Duress
  • Necessity
  • Consent
  • Mental Illness


  • 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.

Goods In Custody