Criminal Law
Larceny & Theft Offences
Larceny, receiving stolen property and related theft charges handled with experience across Lake Macquarie and the Hunter Region. Rob Williams — 20+ years local experience. Free first consultation.
Charged with theft or larceny? Get local legal advice today.
02 4945 4445Larceny & Theft Defence — Lake Macquarie
Larceny and theft charges range from minor shoplifting matters to serious receiving stolen property offences. Whatever the charge, a conviction can affect your employment, professional licences, and future. Courts aim to disrupt the market for stolen goods — often imposing harsher sentences for receiving than for the original theft.
At Lake Macquarie City Legal, Rob Williams provides experienced representation for all larceny and theft matters. With over 20 years of Hunter Region experience and specific expertise at Belmont Local Court, we review the prosecution evidence thoroughly, advise on available defences, and work to achieve the best possible outcome.
Theft & Larceny Offences We Handle
Larceny (Theft)
Taking property belonging to another with intent to permanently deprive. Penalties depend on the value of the property and circumstances. Matters under $5,000 are typically dealt with in the Local Court.
ss 117–118 Crimes Act 1900
Shoplifting
The most common form of larceny. Often dealt with in the Local Court. Non-conviction orders are available for first-time offenders in appropriate cases.
ss 117–118 Crimes Act 1900
Stealing from Employer
Theft in an employment context is treated more seriously due to the breach of trust involved. Courts often impose harsher penalties, including custodial sentences.
s 156 Crimes Act 1900
Receiving Stolen Property
Receiving, disposing of, or attempting to dispose of property knowing it to have been stolen. Penalties can exceed those for the original theft.
ss 188–189 Crimes Act 1900
Goods in Custody
Having property in your custody that may reasonably be suspected of being stolen or unlawfully obtained. A lower threshold than receiving — the prosecution need only prove reasonable suspicion, not actual knowledge.
s 527C Crimes Act 1900
Robbery
Stealing from a person using force or the threat of force. A serious indictable offence carrying up to 14 years imprisonment, or 20 years if armed or in company.
ss 94–97 Crimes Act 1900
Receiving Stolen Property: Penalties
Courts treat receiving stolen property seriously — without a market for stolen goods, thieves have less incentive. Penalties are designed to reflect this, and can exceed those for the original theft.
| Scenario | Maximum Penalty |
|---|---|
| Local Court (any value) | 2 years imprisonment |
| District Court — s188 (serious indictable, motor vehicle/vessel) | 12 years imprisonment |
| District Court — s188 (serious indictable, other property) | 10 years imprisonment |
| District Court — s189 (minor indictable) | 3 years imprisonment |
| Goods in custody — motor vehicle/part | 1 year imprisonment and/or $1,100 fine |
| Goods in custody — other property | 6 months imprisonment and/or $550 fine |
Defences for Larceny & Theft
Claim of Right
A genuine belief that you were entitled to the property is a complete defence to larceny. The belief need not be reasonable — only genuine.
Lack of Intent
Larceny requires an intention to permanently deprive. If the taking was accidental, or you intended to return the property, this may be a defence.
No Knowledge (Receiving)
For receiving stolen property, the prosecution must prove you knew the goods were stolen. Lack of knowledge is a complete defence.
Consent
If the owner consented to the taking, no larceny has occurred. We examine the evidence carefully for any indication of consent.
Pleading Not Guilty
If you dispute the allegations, you have the right to plead not guilty. The prosecution must prove each element of the offence beyond a reasonable doubt — including that you took the property, that it belonged to another, and that you intended to permanently deprive the owner. Rob Williams will scrutinise the prosecution's evidence and advise on the realistic prospects of a defended hearing.
Pleading Guilty
Pleading guilty at the earliest available opportunity entitles you to a sentencing discount of up to 25%. An early plea demonstrates remorse and contrition. Rob Williams advises on the optimal timing and strategy for a guilty plea, and works to present your case in the most favourable light — including arguing for a section 10 dismissal where appropriate.
Frequently Asked Questions
What is larceny under NSW law?
Larceny is the taking and carrying away of property belonging to another person, without consent, with intent to permanently deprive the owner of it. It is defined under sections 117–118 of the Crimes Act 1900 (NSW). The maximum penalty in the District Court is 5 years imprisonment; in the Local Court, 2 years.
What is the difference between larceny and receiving stolen property?
Larceny involves taking property directly. Receiving stolen property (sections 188–189 of the Crimes Act) involves receiving, disposing of, or attempting to dispose of property that was stolen by someone else, knowing it to have been stolen. Importantly, the maximum penalties for receiving can exceed those for the original theft.
What is the difference between receiving stolen property and goods in custody?
For receiving stolen property, the prosecution must prove you knew the goods were stolen. For goods in custody (section 527C), they only need to show a reasonable person would have suspected the goods were stolen or unlawfully obtained. Goods in custody carries lower penalties but has a lower threshold of proof.
What are the penalties for receiving stolen property in NSW?
In the Local Court, the maximum is 2 years imprisonment. In the District Court, receiving property from a serious indictable offence carries up to 12 years (motor vehicle/vessel) or 10 years (other property). Receiving from a minor indictable offence carries up to 3 years. Courts also have discretion to impose fines, conditional release orders, and other non-custodial penalties.
Can I get a section 10 for shoplifting or larceny?
Yes, in appropriate cases. A section 10 dismissal (no conviction recorded) is available for larceny and receiving charges, particularly for first-time offenders. The prospects depend on the value of the property, your prior record, and your personal circumstances. Rob Williams provides honest advice on what outcome is realistic in your case.
What should I do if I am charged with larceny or receiving stolen property?
Contact Lake Macquarie City Legal immediately. Do not make any statements to police without legal advice. Rob Williams — with over 20 years of Hunter Region experience and expertise at Belmont Local Court — will provide immediate, practical advice and dedicated representation throughout the process.
Charged with Larceny or Receiving Stolen Property?
Rob Williams provides practical, clear guidance for clients across Lake Macquarie and Newcastle. He understands the local courts, including Belmont, and is dedicated to assisting you through every step of the process.