⚖️ WHAT IS LARCENY?
Under Section 117 of the Crimes Act 1900 (NSW), it is a criminal offence to take and carry away someone else’s property without their consent and with the intention of permanently depriving them of it.
In simpler terms — this is commonly known as theft or shoplifting.
Larceny charges can arise from incidents in retail stores such as Bunnings Warehouse, supermarkets, or other retail outlets.
Even if the alleged item is of low value, the consequences can still be serious and result in a criminal record if not handled properly.
📜 LEGAL DEFINITION OF THE OFFENCE
“Whosoever commits larceny, or any act of stealing, shall be liable to imprisonment for up to 5 years.”
— Section 117, Crimes Act 1900 (NSW)
To prove larceny, the prosecution must show, beyond reasonable doubt, that:
- You took and carried away property;
- The property belonged to someone else;
- You did not have the owner’s consent;
- You intended to permanently deprive the owner of it; and
- You acted dishonestly.
If any of these elements are not proven, the charge cannot be sustained.
🏪 COMMON EXAMPLES OF LARCENY IN RETAIL SETTINGS
- Leaving a store without paying for items (even unintentionally)
- Switching price tags or scanning cheaper items at self-checkout
- Concealing items in a bag, pram, or clothing
- Returning stolen goods for a refund or exchange
- “Forgetting” to pay for a tool, plant, or household item at Bunnings or another retailer
👨⚖️ PENALTIES FOR LARCENY IN NSW
The maximum penalty for larceny depends on the court and the value of the property:
- Local Court (summary offence): up to 2 years imprisonment and/or a fine of $2,200
- District Court (indictable offence): up to 5 years imprisonment
However, for first-time or minor offences, courts often consider non-conviction outcomes such as Section 10 dismissals or Conditional Release Orders (CROs).
✅ DEFENCES TO LARCENY CHARGES
Common legal defences include:
❌ No intent to steal
You did not intend to permanently deprive the store of the item — for example, you forgot the item was in your trolley or bag.
🙅 Claim of right
You believed you had a legal right to the property (even if mistaken).
🚫 Mistaken identity
You were not the person who committed the alleged theft.
🔍 Lack of evidence
There is insufficient or unclear CCTV or witness evidence.
🧠 Honest mistake or misunderstanding
You genuinely believed the item had been paid for or that payment would be made.
🧪 HOW THE PROSECUTION PROVES A LARCENY CHARGE
To secure a conviction, the prosecution must prove each of the following elements beyond reasonable doubt:
- The property was taken and carried away;
- It belonged to someone else (e.g., Bunnings Warehouse);
- You did not have consent to take it;
- You intended to permanently deprive the owner; and
- You acted dishonestly.
If even one element is not proven, you must be found not guilty.
📚 CASE STUDY: LARCENY CHARGE FROM BUNNINGS WAREHOUSE WITHDRAWN
Our client was charged with larceny after allegedly leaving Bunnings Warehouse with several hardware items valued at under $1500. Store security detained them and called police, who issued a court attendance notice.
We obtained the CCTV footage, which showed that our client had used the self-checkout and scanned most — but not all — items. The unscanned items were obscured by larger products in the trolley.
We made written legal submissions to the police, arguing that there was no clear evidence of dishonest intent and that any failure to scan items was an innocent mistake, not theft.
After reviewing our representations, police withdrew the charge before the first court date.
This case highlights that intent is the key element in larceny — and that with prompt legal action, many retail theft allegations can be resolved without a conviction.
🧑💼 WHY YOU NEED A LARCENY LAWYER IMMEDIATELY
A larceny conviction can have serious long-term effects — including employment restrictions, visa issues, and damage to your reputation.
An experienced criminal defence lawyer can:
- Challenge CCTV, witness, or police evidence
- Negotiate for charges to be withdrawn or downgraded
- Seek non-conviction outcomes (such as a Section 10 dismissal or CRO)
- Represent you in court and present compelling mitigation
- Protect your criminal record and future opportunities
Depending on the circumstances and your criminal history, potential outcomes include:
- Charge withdrawn (lack of intent or evidence)
- Dismissal under Section 10(1)(a) (no conviction recorded)
- Conditional Release Order (CRO) (with or without conviction)
- Fine or good behaviour bond
- Community Correction Order (CCO)
- Full-time imprisonment (in serious or repeat cases)
📝 FINAL THOUGHTS
Being charged with larceny from a store such as Bunnings Warehouse does not automatically mean you’ll be convicted. With the right legal advice and early intervention, it’s often possible to have the charge withdrawn or finalised without a criminal record.
If you’re facing a larceny or shoplifting charge, get legal advice immediately — before speaking to police or attending court.
Need a lawyer for a larceny or shoplifting charge in Sydney or NSW?
📱 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
We are available 24/7 for urgent cases, bail applications, police interviews, and court representation.
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