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LARCENY BY BAILEE – ALL YOU NEED TO KNOW

THE CRIMINAL OFFENCE OF LARCENY BY BAILEE – ALL YOU NEED TO KNOW

The criminal offence of larceny by bailee is a serious indictable offence than can lead to serious penalties. Our award-winning team of criminal law experts have proven results in securing not guilty verdicts, the withdrawal of charges and avoiding serious penalties for our clients across NSW who have been charged with the offence of larceny by bailee.

If you or anyone you know have been accused or charged with the offence of larceny by bailee, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation.

 

WHAT IS THE MEANING OF THE TERMS LARCENY AND BAILEE?

Larceny is the offence of “theft” or “stealing”.

A bailee refers to an individual who temporarily gains possession, but not ownership, of a property. Examples of a bailee include a jeweler who temporarily takes possession of a client’s ring for the purpose of cleaning, repairing or resizing it, and a tailor who temporarily takes possession of a client’s item of clothing for the purpose of altering it.

 

WHAT IS THE OFFENCE OF LARCENY BY BAILEE?

A bailee commits the offence of larceny pursuant to Section 125 of the Crimes Act 1900 (NSW) if as a bailee of any property, they fraudulently take or convert any part of the property, or any property into or for which that property had been converted or exchanged, to his or her own use, or the use of any person other than the owner.

 

WHAT IS THE PENALTY FOR THE OFFENCE OF LARCENY BY BAILEE?

Section 117 of the Crimes Act 1900 (NSW) provides for a maximum penalty of 5 years imprisonment for anyone convicted of the offence of larceny. This includes larceny by bailee, as well as non-bailee forms of larceny.

 

COST OF LIVING PRESSURES DRIVING PEOPLE TO COMMIT THE OFFENCE OF LARCENY

Inflationary cost of living pressures has led to an increase in people committing the overall offence of larceny as they struggle to make ends meet and afford the essentials for survival. A report commissioned by Australian Seniors which surveyed 1000 people over the age of 50 found that 4% of the people surveyed reported that they had committed the offence of larceny, having stolen essential items. Many of those reported are also responding to the financial pressures by replacing expensive outings to restaurants, cinemas and cafes with community groups and online communities.

The report found that those on the pension have their pension only cover 76% of their monthly expenses, with 40% of people over the age of 50 reporting a decline in their quality of life since 1 January 2023.

These statistics mirror those in numerous reports that state a relation between financial pressures and the offence of larceny increasingly being committed in shopping centres and supermarkets amidst the cost-of-living crisis.

CONTRACTORS CHARGED WITH LARCENY BY BAILEE OVER $1 MILLION COPPER THEFT

Three men have been charged with the criminal offence of larceny by bailee, with one of the three individuals also charged with knowingly dealing with the proceeds of crime, after the trio are alleged to have stolen more than $2.5 million worth of copper and sold more than $1 million worth of copper stolen from job sites to unauthorised scrap metal merchants.

Detectives from the NSW Police Financial Crimes Squad recovered approximately $200,000 in stolen copper from a scrapyard at Ingleburn in Southwest Sydney, with police locating a further $105,000 worth of copper cabling in Campbelltown.

The charges followed a 3-month police investigation. The three men were subsequently granted bail.

Financial Crimes Squad commander Gordon Arbinja issued a warning to potential offenders, stating “With police stepping up their efforts against copper theft, it’s inevitable anyone responsible will be caught … and that includes scrap-metal merchants.”

The investigation and larceny by bailee charges follow a number of copper thefts in recent months, with copper being one of the most popular scrap metals.

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have been accused or charged with the offence of larceny by bailee, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning team of criminal law experts have proven results in securing not guilty verdicts and avoiding serious penalties for our clients across NSW who have been charged with the offence of larceny by bailee.

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