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Federal Larceny

Commonwealth Offences – Federal

Welcome to the Federal Larceny article page. Everything you need to know about Larceny according to Federal law – Dated: 01/09/2009

What the Law States according to Federal Law for Larceny

According to Federal Law for the charge of Larceny:

Section 117 of the Crimes Act states:

117 Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.

The Maximum Penalty – Larceny

According to Federal Law for the charge of Larceny, the maximum penalty for this offence is 5 years imprisonment.

What the Police must prove according to Federal Law for Larceny

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused wrongfully took and carried away.
  2. The personal goods of another.
  3. With the intention of permanently depriving the owner of such property.
  4. Without his or her consent.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under Federal Law – Larceny

Possible defences to this offence include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In Federal which court will hear the matter – Larceny

Where the value of the property exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

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