Robbery, stealing, larceny

Robbery is the unlawful taking of property from an individual or organisation without consent accompanied by force or threat of force. A robbery can involve the use or implied threat of a weapon (armed robbery) or may not involve a weapon (unarmed robbery).

At common law, larceny is committed when a person takes and carries away any property capable of being stolen without the owner's consent and with the intent of permanently depriving the owner of it.

The act of theft or stealing is not committed until the person taking the property capable of being stolen moves it or otherwise deals with it by some physical act.

In the case of larceny by shop lifting property to the value of $5,000 the matter is considered to be a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with by the District Court. If no election is made the matter will be dealt with by the Local Court. Property shop lifted with a value exceeding $5,000 is considered to be a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made the matter will be dealt with in the local court.

The Police must prove each of the following points beyond a reasonable doubt to secure a conviction for larceny:

• The accused wrongfully took and carried away the goods
• The goods belonged to someone else
• The goods were taken with the intention of permanently depriving the owner of them
• The goods were taken without the consent of the owner of the goods

It is necessary in every alleged offence for the Police to prove that the accused identified is the person who committed the offence.

The maximum penalty for larceny is five year imprisonment.

William Vahl of North Shore Criminal Law regularly appears in these local courts.

If you have been charged with a criminal offence, or are seeking further information on a criminal law matter, call William Vahl of North Shore Criminal Law on (02) 9957 4199 or after hours on 0400 44 64 24.