Dishonesty Offences: Theft, Larceny and Fraud

Dishonesty Offences such as Theft and Fraud offences can be complicated and difficult for police to prove.

Our Criminal Law solicitors are experienced in dealing with all kinds of Dishonesty Offences, and can help you with dealing with the Police. Often in these types of offences, there is a valid reason why someone took something that did not belong to them, either by mistake or because they honestly believed they had a right to take it. Our team of expert lawyers can assist you in pointing out the defences available to you, analysing the evidence, making representations to Police, and representing you in Court.

The Law

Larceny is an offence which can cover “theft” and “stealing”. Larceny refers to taking the property of another without their consent, with an intention to permanently deprive them of their property. A charge against you for larceny may fail if the police do not provide there was an intention to permanently deprive the owner of the property.

It is a defence to larceny if you have a right to the property, if you honestly believe to be entitled to the property taken, even if the belief held is unreasonable, then you may not be guilty of larceny. There is also a form of larceny that is not as obvious and is known as larceny by finding. This is where someone finds property that is not theirs and keeps it, without making reasonable attempts to find the owner. Under Section 117 of the Crimes Act 1900 (NSW) the maximum penalty for an offence of Larceny is imprisonment for 5 years.

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