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Understanding Theft Offences
In NSW, theft is commonly prosecuted as larceny under section 117 of the Crimes Act 1900 (NSW). The offence involves taking and carrying away property belonging to another person, without consent and with the intention of permanently depriving them of it.
The prosecution must prove:
- The property belonged to another person
- The property was taken without consent
- There was an intention to permanently deprive
- The conduct was dishonest
The maximum penalty for larceny is five years imprisonment. Less serious matters are dealt with in the Local Court.
Common theft-related charges include:
- Shoplifting
- Employee theft
- Receiving stolen property
- Break and enter involving theft
The seriousness of the matter depends on the value of the property and surrounding circumstances.
When You Need a Theft Lawyer
Legal advice is critical when:
- You have been charged with stealing or larceny
- Police have requested an interview
- The alleged value of property is substantial
- The offence is alleged to have occurred in the workplace
- There are related fraud or break and enter charges
- You are considering pleading guilty
- The matter is listed for hearing or sentence
Early representation assists in assessing evidence and possible defences.
Our Legal Services in Theft Matters
We represent clients across theft-related offences, including:
- Larceny charges
- Shoplifting offences
- Receiving stolen property charges
- Break and enter matters
- Bail applications
- Local and District Court representation
We provide clear advice on plea options and sentencing exposure.
Our Approach to Theft Defence
We examine the police brief of evidence, including CCTV footage, witness statements and admissions. Particular attention is given to proof of ownership, consent and intention.
In many matters, the issue centres on dishonesty or intention to permanently deprive. Where appropriate, we make representations seeking withdrawal or reduction of charges.
If the matter proceeds to hearing, we prepare a structured defence strategy addressing each element of the offence. In sentencing matters, we present material addressing restitution, character and prospects of rehabilitation.
Our advice is direct and focused on managing risk within the Local and District Court jurisdictions.
Why Choose Maguire & McInerney
Maguire & McInerney provides criminal defence representation in property offences involving both minor and serious allegations. Our approach is grounded in detailed knowledge of the Crimes Act 1900 (NSW) and court procedure. We provide clear advice on evidentiary issues, plea strategy and likely penalties, supported by transparent fee structures.
If you are facing theft charges or have been contacted by police, contact our team promptly to discuss the next steps.
Steps To Get Started
FAQs
Charges may be dismissed where there are evidentiary weaknesses, issues with proof of intention or procedural defects.
Theft involves taking property without consent. Robbery involves theft accompanied by violence or the threat of violence and carries significantly higher penalties.
The maximum penalty for larceny is five years imprisonment. Actual penalties depend on the value involved, circumstances and prior record.
You are not required to participate in a police interview beyond providing identification details. Legal advice should be obtained before answering questions.
Imprisonment depends on the seriousness of the offence and prior history. Many first-time, low-value matters are dealt with by way of fines or community-based orders.
What Our Clients Say
