Sydeny & Parramatta Criminal Defence Lawyers

Larceny, Theft and Fraud

Larceny, theft and fraud are examples of what the law refers to as ‘dishonesty offences’. These offences are intended to protect the right of citizens to own and possess property without interference by others. In NSW, there are a number of different offences which fall under this broad categorisation. Dishonesty offences are serious and can result in a period of full-time imprisonment.

What is the definition of a larceny and fraud?

A larceny is the act of taking and moving the property of another person without their consent, with the intent of permanently depriving the owner of the property.

In NSW, the principles of the offence of larceny also form the basis for a number of more serious offences, such as robbery (stealing from the person) and break and enter.

Fraud can generally be defined as dishonestly obtaining the property of another or obtaining a financial advantage or causing a financial disadvantage to another through deception. A basic illustrative example of a fraud would be using someone else’s credit card and pin to withdraw cash from an ATM.


Break & Enter

Break & enter offences generally fall into two categories: break and enter and commit a serious indictable offence, and break and enter with intent to commit a serious indictable offence, which are offences pursuant to section 112 and 113 of the Crimes Act 1900 (NSW) respectively. The maximum penalties are 14 years imprisonment and 10 years imprisonment respectively.

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Fraud Offences

Fraud is an offence under section 192E of the Crimes Act 1900 (NSW) with a maximum penalty of 10 years imprisonment. There is also an offence of fraudulent embezzlement by servant pursuant to section 157 of the Crimes Act 1900 (NSW) which also carries a maximum penalty of 10 years imprisonment, and would cover fraudulent acts committed by an employee against their employer.

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Larceny

Larceny is an offence under section 117 of the Crimes Act 1900 (NSW). The maximum penalty for larceny depends on the value of the property in issue. This is the offence you will generally be charged with if you are alleged to have engaged in ‘shoplifting’.

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Robbery

Robbery is an offence under section 94 of the Crimes Act 1900 (NSW). The maximum penalty for robbery is fourteen years imprisonment. Robbery is defined as the act of taking and carrying away the property of another person with the intent of permanently depriving them of the property, where the property is on the person or under their immediate care and protection. The property must be obtained by the use of actual violence or the threat thereof.

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Resources for first time offenders

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