What is Larceny and Robbery?
More common names for larceny include “theft” or “stealing”. The offence of larceny can be made out where a person takes the property of another person without their consent, and with the intention of permanently depriving them of their property. Therefore where a person takes property, but with the intention to return it, a charge of larceny may fail. Robbery however, is related to larceny, in that it involves the taking of property from another’s possession. However, the charge of robbery is deemed much more serious, as it involves an element of force.
What the Police must prove – Larceny
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
- The accused wrongfully took and carried away;
- The personal goods of another;
- With the intention of permanently depriving the owner of such property; and
- Without his or her consent.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Penalties: The maximum penalty for larceny is set out in section 117 of the Crimes Act 1900 (NSW) and is imprisonment for a term of 5 years.
What the Police must prove – Robbery
In order for the Police to prove their case at Court, they must prove beyond a reasonable doubt that the accused:
- robbed or assaulted with intent to rob any person;
- any chattel, money, or valuable security; and
- from the person of another.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Penalties: The maximum penalty for robbery is set out in section 94 of the Crimes Act 1900 (NSW) and is imprisonment for a term of 14 years.
Defences – Larceny and Robbery
Possible defences to this offence include but are not limited to:
- Duress;
- Necessity; or
- Intoxication.
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