Larceny by Servant or Clerk

Larceny by Servant or Clerk Lawyers

Our lawyers have dealt with hundreds of ‘Larceny by servant or clerk’ cases. See our recent results for larceny by clear or servant.

We understand that having a conviction recorded for such offences can make you unemployable in the future and affect your overseas travel plans.

Contact us today to speak to our accredited specialist in criminal law. We can provide immediate advice as to whether there are any defences open to you and how you can avoid a criminal conviction.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What Does Larceny by Clerk or Servant Mean?

  The definition of ‘larceny by clerk or servant’ is set out in Section 156 of the Crimes Act 1900 (NSW). The section explains that if an employee steals from their employer, they can be guilty of an offence.

   

  How Do You Beat a Larceny by Clerk or Servant Charge?

  You can fight this charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You were an employee, clerk or servant to the owner of the property/money; and
  2. You took money or property from your employer; and
  3. You intended to permanently deprive your employer of the money or property.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What is the Definition of ‘Intended to Permanently Deprive’?

  An intention to permanently deprive means that at the time you took the property, you intended to keep it (ie. Not return it at a later stage).

  If at the time you took the property you had not decided whether you were going to keep the property or not, you would not have formed an intent to permanently deprive and will be found ‘not guilty’.

   

  What are the Defences to Larceny by Clerk or Servant?

  The below defences apply to a charge of ‘Larceny by clerk or servant’:

  1. Claim of right: you held an honest belief that you were entitled to take to property
  2. Abandonment: The property was abandoned
  3. Possession: If the prosecution cannot prove you had custody and control of the property
  4. The prosecution cannot prove that the property or money was your employer’s
  5. Duress: You were forced to commit the offence
  6. Necessity: Your actions were necessary in the circumstances

   

  Our team have some of Australia’s best criminal lawyers for larceny by clerk lawyers with years of experience in obtaining ‘not guilty’ verdicts. If you have a viable defence, we also focus on having charges withdrawn by Police at an early stage in the proceedings.

  Speak a solicitor specialising stealing from employer offences now to obtain advice on any possible defences you may have open to you.

• PLEADING GUILTY

  If you decide to plead guilty, our guide on pleading guilty to Fraud offences will provide you some assistance in preparing for sentencing. Please note that this guide is a non-exhaustive list and not specifically tailored to your case.

  Contact us now so that our accredited specialist in criminal law can provide you advice tailored to your case and represent you in Court.

   

  What is the Maximum Penalty for ‘Larceny by Clerk or Servant’?

  The maximum penalty for ‘Larceny by clerk or servant’ is 10 years imprisonment if heard in the District Court.

  But if matter remains in the Local Court and:

  1. the value of the property is more than $5,000: the maximum penalty is 2 years imprisonment;
  2. the value of the property is less than $5,000: the maximum penalty is 12 months imprisonment and/or a fine of $5,500;
  3. the value of the property is less than $2,000: the maximum penalty is 12 months imprisonment and/or a fine of $2,200.

  What are the Possible Sentences for Larceny by Clerk or Servant?

  Below are possible sentencing options for a charge of larceny by clerk or servant:

  1. Section 10 dismissal
  2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Full Time Imprisonment

   

  See below for likely penalties.

   

  Will I go to Jail for Larceny by Clerk or Servant?

  Looking at sentencing statistics for larceny by clerk or servant offences since 2018 onwards, 3% of offenders received no criminal conviction for larceny by clerk or servant. All remaining offenders received criminal convictions. 16% of offenders were sentenced to some form of imprisonment.

  As you can see, there is a high likelihood of receiving a conviction for an offence of this nature. That is why you should engage the best larceny by clerk or servant lawyers. If there are no defences open to you, we have years of experience with our clients avoiding a conviction for fraud offences.