After a guilty plea or finding of guilt, the Court...
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Larceny is the act of taking away property, which was capable of being stolen, which belongs to another, without the consent of the possessor. Section 117 Crimes Act 1900 NSW sets out the offence of larceny and the maximum penalty is five years imprisonment.
The prosecution must prove the following beyond reasonable doubt:
Where the stolen property belongs to the accused or they have a claim to it, they can use the defence of claim of right if it is made genuinely. A successful claim would make the taking away not unlawful although legally wrong. Additionally, duress can also be claimed as a defence.
If you have you have been charged with the criminal offence of larceny, you are innocent until proven guilty beyond reasonable doubt. The jury will review all available evidence and circumstances of the case and make a determination that you have been guilty of an offence. This concept was discussed by their Honour of Dixon CJ in Plomp v The Queen [1963] HCA 44; (1963) 110 CLR 234 at 242 where he said:
“All the circumstances of the case must be weighed in judging whether there is evidence upon which a jury may reasonably be satisfied beyond reasonable doubt of the commission of the crime charged”.
After a guilty plea or finding of guilt, the Court...
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