Criminal Law - Larceny, Theft, Stealing

Ilich v R [1987] HCA 1; (1987) 162 CLR 110 (3 February 1987

Summarised, Larceny is the

1. taking and carrying away with intent,
2. the property of another person (the owner),
3. without the owners consent, and
4. with the intent to permanently deprive the owner of the property.

These four points are known as elements and must be proved for a person to be convicted of this charge.

• The property in question most be able to be moved and must have at least some value.
• The owner does not have to known.
• There must be proof of intention to permanently deprive the owner of the property. Note; The taking of a motor vehicle even if there is no “intention” to permanently deprive the owner of the vehicle permanently can still be deemed larceny.
• A stealing has to be dishonest and the standards of ordinary people apply.
• The taking of property by way of trickery is larceny.
• The actual taking of the property has to be at the same time as the intention is formed.
• Where property appears to have been abandoned it is up to the “finder” to take steps to locate the owner.
• It is not larceny if property is taken and the taker honestly believes that the property in question belongs to the taker.
• Property handed to someone by mistake is not larceny unless the mistake is due to some fundamental error such as identity. 

If you have an enquiry about larceny, theft or stealing contact LAC Lawyers and speak to a solicitor who can help you today.