Joined: 03/November/2009
Location: Australia
Posts: 2
QuoteReplyTopic: Larceny on my record, is not larceny though. Posted: 03/November/2009 at 17:32
I was asked to get a police check from an Employer, besides having a record of a speeding fine from when I was 16 in 1993 (wtf juvinele record on police check)
It also contained a count of Larceny from 2002 in nsw, but heres what happened I was going thru a rough patch yada (its the truth but no excuses) and took an unatended purse from a nightclub. I got caught by the bounces on the way out and the police came, issued with a no need to attend court hearing recieved a $600 fine.
My question is shouldnt I of been found guity of petty theft? From my research today it seems Larceny goes hand in hand with trespass which I clearly didnt do! Its makes me sound like I was a burgular of something, robbing peoples house when its far from it.
It was 2002, you didn't attend court, although you could have and asked for no conviction no to be recorded. It is a bit late to do anything about it now, however provided you do not offend again, soon those old offenses will fall off your your record.
I am NOT a lawyer. Anything said is NOT legal advice.
Thank you for reply...... ok but does larceny seem like the right conviction for the crime committed? Surley I should of been charged with theft? Its only coming to light now, I could of gone to court but back then I knew nothing about records and convictions. Its just that with my job as a Tradey larceny could make me lose my job as they will think im a burgular!
If Larceny is the correct charge for the crime committed I will take it on the chin but if I should of been charged with something else it might be worth my while to take it further even tho it was some years ago.
It is an offence under the Crimes Act 1900 in New South Wales to commit larceny and the maximum penalty given by the statute is 5 years gaol.
The meaning or "elements of the offence" of larceny are governed by the common law, or judge-made law, which have built up over the years with judicial decisions. The elements of the offence of larceny are well-established and have been summarised by the High Court of Australia as:
* a person must, without the consent of the owner,
* fraudulently and without claim of right made in good faith,
* take and carry away,
* anything capable of being stolen,
* with intent at the time of such taking permanently to deprive the owner of that property.
As you can see, each of these elements involves certain facts which would have to be proved beyond reasonable doubt by the prosecution for the offence to be proved in Court.
Clearly, if a person walks into a shop and takes a jumper from a rack in the shop and walks out of the shop, intending to keep the jumper for himself or herself, and having no permission or right to do so, that person is guilty of larceny. Shoplifting is the most common form of larceny. see details
As you took something without the owners permission and carried it away it would seem that the correct charge was preferred. But even if it was not, all these years later you are not going to be able to get it changed.
I am NOT a lawyer. Anything said is NOT legal advice.
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