The charge of Larceny as a clerk is an extension of the charge of Larceny. Larceny as a clerk offences are often charged where it is alleged that you stole property, with the intent to permanently deprive, from your employer in the course of your employment.
Evidence to support the charge can come in the form of CCTV footage, witness statements, and very often, evidence relating to missing inventory.
Plead not guilty
Remember, each element of the offence must be proved beyond reasonable doubt for the court to find you guilty of the offence.
In order to be convicted of larceny charges, the police must prove beyond a reasonable doubt that:
- That the property belonged to someone other than you;
- The property was taken and carried away;
- The taking was without the consent of the owner of the property;
- You must take the property with the intent of permanently depriving the owner of the property;
- That you were a clerk or a servant.
Further, you will be found not guilty of larceny charges if you can establish any of the following:
- The property was taken pursuant to a claim of right made in good faith;
- The property was not taken dishonestly;
For more information on defences, click here.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Generally, a discount of 25% will apply to a plea of guilty at an early stage of your court proceedings. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
Generally, the likely penalty for larceny as a clerk charges will depend on your criminal record (if you have one), the value of the goods stolen and your personal circumstances.
The offence of larceny as a clerk carries a maximum penalty of 2 years imprisonment in the Local Court In the District Court, the maximum penalty for the offence of larceny as a clerk is 10 years imprisonment. However, larceny as a clerk is an offence sometimes dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.
Generally, penalties that a court can impose for any criminal offence in NSW are: