Stealing / Larceny Offences

What should I do first?

Once you’re handed a Court Attendance Notice, don’t sit on it. Speak to a criminal lawyer as soon as possible; the earlier you get advice, the sooner your case can move toward resolution.

The different types of larceny

Larceny isn’t a single offence; it covers a broad spread of conduct, each carrying its own penalty. We’ve broken these down below. Note that embezzlement, while technically a form of larceny, is dealt with separately under our criminal law page.

Dishonest dealing with property

Fraudulent appropriation: Taking control of someone else’s property for your own benefit, or someone else’s, even without meaning to, or holding onto property to demand a reward for handing it back, is an offence. It carries a maximum penalty of 2 years’ imprisonment, a $2,200 fine, or both.

Larceny by a bailee: A bailee is a person given temporary custody of property under an agreement, such as a mechanic holding your car for repairs. Ownership stays with the original owner, but possession shifts to the bailee. If a bailee dishonestly uses or disposes of that property, or any part of it, for their own benefit or someone else’s, they’re committing an offence carrying up to 5 years’ imprisonment.

Theft of animals

Stealing or killing cattle with intent to steal: Cattle theft remains a genuine problem across regional New South Wales, prompting police to set up dedicated task forces and prevention programs. Anyone who steals cattle, or kills cattle intending to take the meat, hide or any other part, faces up to 6 months’ imprisonment or a $550 fine (or both) in the Local Court, rising to a maximum of 14 years’ imprisonment on indictment.

Unlawful use of someone else’s cattle: Working or using another person’s cattle without consent, taking cattle to hide them or claim a reward for “finding” them, or altering brands and ear-marks, all amount to an offence. The maximum penalty is 3 years’ imprisonment.

Stealing dogs: Stealing a dog, or knowingly possessing a stolen dog or its skin, is an offence. Local Court penalties top out at 6 months’ imprisonment or a $550 fine (or both); on indictment, the maximum rises to 1 year’s imprisonment.

Demanding payment to return a stolen dog: Taking money or any reward, directly or indirectly, on the pretence of helping recover a stolen dog is an offence carrying up to 1 year’s imprisonment.

Theft of documents

Stealing or destroying a valuable security: Valuable securities include shares, bonds, bank deposits, bills, warrants and deeds. Stealing, destroying, cancelling or concealing any part of one is an offence carrying a maximum of 5 years’ imprisonment.

Stealing or destroying a will or codicil: A will sets out how a person’s estate should be distributed after death; a codicil amends or clarifies it. Stealing, destroying or concealing a will, codicil or other testamentary document, whether the testator is alive or has passed away, is an offence with a maximum penalty of 7 years’ imprisonment.

Stealing or destroying court or public office records: Taking or fraudulently removing documents from a court’s or public office’s lawful custody, or unlawfully cancelling, damaging or destroying them, is an offence carrying up to 7 years’ imprisonment.

Theft of building materials

Stealing fixtures such as metal, glass or timber: Ripping out, cutting or breaking glass, woodwork, metal fittings or fixtures attached to a building or land, including boundary fencing around a dwelling, garden or burial ground, is an offence with a maximum penalty of 5 years’ imprisonment.

Damaging or stealing trees, shrubs or plants in public grounds: Taking or damaging trees, shrubs, plants or underwood in a park, garden, orchard or grounds attached to a dwelling is an offence where the value exceeds $2.00 (or $10.00 elsewhere). Local Court penalties are capped at 6 months’ imprisonment or a $550 fine (or both); on indictment, the maximum climbs to 5 years’ imprisonment.

Receiving stolen goods

Receiving is treated with the same seriousness as the original theft. Where stolen property linked to a serious indictable offence is knowingly received, the person can be prosecuted as an accessory after the fact, with penalties reaching up to ten years’ imprisonment depending on the nature of the property involved. Separate provisions cover receiving goods stolen interstate, receiving unlawfully killed livestock, and receiving materials intended for manufacturing that are known to be stolen.

How the court process unfolds

Court Attendance Notice served: Police issue you with a CAN, either at the station if you’ve been detained, or delivered to your home. Get legal advice straight away.

First mention: Your matter is listed before the court for the first time. You can enter a guilty plea here after taking advice, which may finalise things quickly. A not guilty plea sees the matter adjourned, with a further date set for both sides to exchange evidence.

Making representations: On a guilty plea, your solicitor can make representations to the police asking for charges to be withdrawn or downgraded due to weak evidence or overcharging. Getting a solicitor on board early gives you the best shot at this before the matter progresses further.

Brief mention: Both sides exchange their evidence ahead of a hearing date. This is the stage where your legal team should have character references and supporting material ready.

Hearing: Each side puts its case to the court, and the magistrate hands down a decision and sentence, if applicable.

Court of Appeal: Unhappy with the result? Talk to a solicitor about whether an appeal to the Court of Appeal is worth pursuing.

Sentencing options in the Local Court

Section 10

A section 10 outcome is the best result you can hope for if the court finds the charge proven. There are three orders a magistrate can make under section 10 of the Crimes (Sentencing Procedure) Act where further punishment isn’t considered appropriate:

• Section 10(1)(a) – dismissal, no conviction recorded
• Section 10(1)(b) – dismissal, no conviction, subject to conditions (for example, staying offence-free for a set period)
• Section 10(1)(c) – dismissal, no conviction, on the condition that you complete an intervention program such as drug and alcohol counselling

Section 10 tells you the court accepts you did the wrong thing, but is satisfied this was out of character and unlikely to happen again. It’s effectively a second chance.

Before granting one, the court weighs up:

• Your criminal history
• Your character, age, health and mental state
• How trivial the offence was
• Any circumstances that contributed to the offending
• Anything else the magistrate considers relevant

Intensive Correction Order

An ICO allows a prison sentence to be served in the community, provided the offender behaves and accepts supervision from Community Corrections instead of going into custody. Extra conditions might include:

• Home detention
• Electronic monitoring
• Curfews
• Up to 750 hours of community service
• Rehabilitation or treatment programs
• A ban on drugs or alcohol
• Restrictions on who you can associate with
• Exclusion from certain locations

Community Correction Order

Broadly similar to an ICO, but with the added requirement that you must be available to attend court whenever the court directs.

Conditional Release Order

Comparable to an ICO or CCO, a Conditional Release Order can be handed down with or without a recorded conviction.

Section 32

A section 32 order is a diversionary pathway under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). It applies where a defendant is, or was at the time of the alleged offence:

• Cognitively impaired
• Experiencing mental illness
• Suffering a condition treatable in a mental health setting

Under Section 32, a magistrate may:

• Adjourn the matter
• Grant bail
• Make any other order considered appropriate
• Dismiss the charge and release the defendant into the care of a responsible person, on condition that they attend treatment or assessment

Disclaimer: This information is general in nature and does not constitute legal advice. Every matter is assessed on its own facts, and you should speak with a solicitor about your specific circumstances.