Larceny by Clerk or Servant

LARCENY BY CLERK OR SERVANT – SECTION 156 CRIMES ACT 1900 (NSW)

FACING CHARGES FOR STEALING FROM YOUR EMPLOYER? HERE’S WHAT YOU NEED TO KNOW.

WHAT IS LARCENY BY CLERK OR SERVANT?

Larceny by clerk or servant is a specific form of theft that occurs when an employee steals from their employer. This offence is set out in Section 156 of the Crimes Act 1900 (NSW).

To be found guilty, the prosecution must prove that:

1. You were a clerk, servant or employee, and
2. You fraudulently or dishonestly took property, and
3. The property belonged to your employer, and
4. You took it without the employer’s consent and intended to permanently deprive them of it.

This offence is considered more serious than general larceny, due to the breach of trust between employer and employee.

WHAT IS THE MAXIMUM PENALTY?

Under Section 156, the maximum penalty for larceny by a clerk or servant is:

⚖️ 10 years imprisonment

This is higher than the 5-year maximum penalty for ordinary larceny under Section 117.

Courts treat this offence seriously, especially where:

• Large sums of money or valuable goods are involved
• The theft occurred over a long period
• The conduct involved planning or concealment
• There is a significant breach of trust

However, lesser penalties may apply depending on the circumstances, especially for first-time offenders or minor offences.

EXAMPLES OF LARCENY BY CLERK OR SERVANT

Some common scenarios include:

• Stealing cash from a workplace register or safe
• Misappropriating company funds or accounts
• Taking company stock or inventory without authorisation
• Falsifying invoices or payroll to divert funds
• Using company credit cards for personal purchases

WHAT DEFENCES ARE AVAILABLE?

Possible legal defences include:

• You did not take the property
• Lack of intent to permanently deprive the employer
• You had consent or a genuine belief of entitlement
• Duress or coercion – you were forced or threatened
• Mental illness or cognitive impairment

In some cases, it may be possible to negotiate lesser charges or resolve the matter without a conviction through diversionary options such as Section 10 (no conviction) or Conditional Release Orders.

WHAT WILL THE COURT CONSIDER WHEN SENTENCING?

If found guilty or pleading guilty, the court will look at several factors, including:

• The amount stolen
• Whether the conduct was isolated or ongoing
• Your position of trust within the company
• Whether you have made reparations or repayments
• Your criminal history, if any
• Evidence of remorse, rehabilitation, and any mental health issues

CAN I AVOID A CRIMINAL CONVICTION?

In some circumstances, yes.

If the offence is minor, and you have no prior record, your lawyer may persuade the court to deal with the matter:

• Under Section 10 of the Crimes (Sentencing Procedure) Act, or
• By imposing a Conditional Release Order without conviction

Our firm has successfully avoided convictions for many clients charged with this offence by highlighting early guilty pleas, remorse, and favourable background factors.

GET LEGAL HELP NOW

Larceny by clerk or servant is a serious offence that can jeopardise your career, future employment, and freedom. The sooner you speak to a lawyer, the better your chances of securing a favourable outcome.

We offer expert advice, strong representation, and a proven record of defending clients facing workplace theft allegations.

📞 Call us now on (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au

CRIMINAL LAWYERS GROUP – TRUSTED DEFENCE FOR EMPLOYEE THEFT CHARGES.