Larceny and Robbery Offences

What is
Larceny and Robbery?

In New South Wales, larceny and robbery are both offences involving the unlawful taking of property, but they differ significantly in how the crime is committed and the level of seriousness.

Larceny – s117 of the Crimes Act 1900 (NSW)

Larceny is the legal term for theft. It involves taking someone else’s property without their consent and with the intention to permanently deprive them of it. Importantly, larceny does not involve violence or threats.

Key elements of larceny:

  • Taking and carrying away property

  • Without the owner's consent

  • With the intention of permanently depriving the owner of the property

  • The property must belong to someone else

Robbery – s94 of the Crimes Act 1900 (NSW)

Robbery is a more serious offence that involves stealing property through the use or threat of violence. It is essentially larceny combined with assault or intimidation.

Key elements of robbery:

  • The unlawful taking of property

  • From another person or in their presence

  • By using or threatening violence or force

The legal distinction between the two is larceny is classified as a non-violent property offence, whereas robbery is considered a violent offence against the person that involves theft.

The Penalties for
Larceny and Robbery

The penalties for larceny and robbery offences vary depending on the circumstances, the value of the property stolen, and whether any aggravating factors (such as violence or weapons) are involved. Robbery is treated much more seriously due to its violent nature. The penalties include:

Larceny – s117 Crimes Act 1900 (NSW)

Maximum penalty:

  • 5 years imprisonment (if dealt with in the District Court)

If dealt with in the Local Court, penalties vary depending on the value of the stolen property:

  • Up to 2 years imprisonment if the value is under $5,000

  • Up to 12 months imprisonment or a fine for lesser amounts

Robbery – s94 Crimes Act 1900 (NSW)

Maximum penalty:

  • Up to 14 years imprisonment

Aggravated Robbery – s95 Crimes Act 1900 (NSW)

Maximum penalty:

  • 20 years imprisonment

Specially Aggravated Robbery – s96 Crimes Act 1900 (NSW)

This includes using a dangerous weapon or causing grievous bodily harm during the robbery.

Maximum penalty:

  • 25 years imprisonment

The Possible
Defence Strategies

Defence strategies for larceny and robbery offences depend on the specific facts of the case, including the evidence presented by the prosecution and the circumstances of the alleged offence. Because robbery includes elements of violence or intimidation, it generally requires more complex legal defences than larceny. However, some defences can apply to both. The possible defence strategies may include:

Lack of Intent to Permanently Deprive

If the accused believed they had a right to the property or intended to return it, this may defeat the charge of larceny.

No Property Taken

If it can be shown that no actual property was taken or carried away, one of the essential elements of larceny is not satisfied.

Mistaken Identity

The defence may argue that the accused was not the person who committed the theft, particularly in cases involving unclear surveillance footage or eyewitness errors.

Lack of Evidence

The prosecution must prove all elements beyond reasonable doubt. If there are inconsistencies or gaps in the evidence (e.g. lack of fingerprints, CCTV, or witnesses), the charge may not stand.

No Use or Threat of Violence

If the prosecution cannot prove that violence or intimidation was used during the alleged theft, the charge of robbery may be downgraded to larceny.

Duress

If the accused was threatened or coerced into committing the robbery, they may be able to argue they acted under duress.

Mental Health Defence

  • Argues the accused was suffering from a mental illness at the time of the offence and did not understand the nature or wrongfulness of their actions.

  • May result in a special verdict of not guilty by reason of mental illness and diversion to a mental health facility.

Choosing Sydney Defenders to represent you in larceny or robbery matter ensures you receive the highest level of legal expertise, discretion, and strategic defence. Our firm understands the immense pressure clients face in these circumstances and provide strong, confidential support from the outset. We offer access to an exclusive network of seasoned criminal defence barristers, regularly briefed in complex matters held in both Local and Supreme Court. Our robust legal team conducts meticulous case preparation, critically analyses the prosecution’s evidence, and develops tailored defence strategies designed to maximise the individual’s chances of acquittal or sentence reduction. Sydney Defenders are committed to always providing sound legal advice and preparing a strong defence case to achieve the best possible outcome for the specific situation.