Larceny

Larceny, Stealing, Shoplifting Lawyers in NSW
larceny
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Larceny

Larceny is more commonly referred to as shoplifting or stealing and is an offence under section 117 of the Crimes Act 1900.

Larceny is committed where a person takes and carries away an item which is capable of being stolen, without the consent of the items owner. For an item to be deemed capable of being stolen it must be tangible and possess some value.

In order for a person to be found guilty of larceny, they must intend to permanently deprive the owner of the item that is alleged to have been stolen. The offence may not be proved if the person takes the item by mistake, or the person believes that they are legally entitled to take the item (even if this belief is incorrect). 

 

Penalties 

The penalty for larceny depends on the value of the property alleged to have been stolen. The penalty may range from a fine to a 5 years imprisonment. 

 

How do I defend myself?  

If you have been charged with larceny it is vital that you seek legal advice. An experienced criminal lawyer will be able to advise you on how to plead and whether there are defences available. 

 

Some common defences for larceny include:

  • The accused had a legal right to take the property;
  • The accused intended to return the property;
  • The owner consented to the accused taking the property. 

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Murray Rivers
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James Janke has represented me in 2 very different matters. As a result of his representations and advocacy, one issue was withdrawn and the other received the best result possible. In relation to the client, James is a clear communicator, explains all possible outcomes clearly and frankly. In court, James is a talented and respected advocate. I highly recommend Hamilton Janke Lawyers at times of great stress and uncertainty.
Simon Drew
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Jarrad Tapper
"James secured me a very lenient sentence which honestly blew my expectations."
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Highly Recommend! James attention to detail was meticulous and his communication of all possible outcomes etc was exceptional. James secured me a very lenient sentence which honestly blew my expectations.
Jay H
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Fantastic guys. Super professional, dedicated, understanding and tenacious. Nothing was a problem and they made me feel incredibly comfortable. They both made a hugely stressful situation as easy as it could be. Helped me enormously and achieved a great result. I cannot recommend them enough. Don't bother with anyone else - Drew and James should be the first and only stop if you require representation. Thank you both so much.
Gary Kay
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Hamilton Janke assisted me with my legal matter. James was always available and made sure that I properly understood my options. His knowledge of the law was invaluable. Highly recommend
Adam Baruzzi
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I could not be happier with the services I received from my lawyer James Janke. He is extremely efficient and professional. He was responsive to my phone calls and emails and was available to answer any questions I had. I will definitely be using his services in the future if need be. Thanks again James.
Arnold Tammekand
"He went way above what we expected and we were rewarded with a wonderful just result"
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Drew Hamilton is an extremely professional yet caring lawyer who always gives his all to his clients. He went way above what we expected and we were rewarded with a wonderful just result - would recommend time and time again including his helpful front end staff

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