Stealing Offences

2 February 2026 in Criminal Law | 4 min read | skip to FAQs

Put simply, stealing occurs when a person takes something belonging to someone else without permission and without the intention of returning it. Stealing offences include larceny, break and enter, robbery and fraud, extortion, obtaining a benefit by deception and embezzlement. These are defined by Part 4 of the Crimes Act 1900 and can be summary or indictable offences, depending on the nature of the offence and the value of the stolen goods.

Larceny

Larceny is the theft of money or personal property without the use of violence or fraud. Examples of larceny include shoplifting, stealing bicycles on the street or pick-pocketing. Under Part 4, Division 5 of the Crimes Act, the prosecution must prove the following elements to convict a person of larceny:

1. The property is taken and carried away;
2. The property belongs to someone else;
3. The property is taken without the consent of the owner;
4. The property is taken with the intention of permanently depriving the owner of it; and
5. The property is taken dishonestly.
6. The property was taken without a claim of right

These elements must be established beyond a reasonable doubt, otherwise the accused must be acquitted.

Larceny offences carry a maximum sentence of 5 years imprisonment if heard in the District Court. However, most larceny matters are heard in the Local Court and the penalties are determined by the value of the property stolen. If the value of of the property is over $5,000, the maximum penalty is two years and/or a fine of $11,ooo. If the value of the property is less than $5,000, the maximum penalty is two years imprisonment and/or a fine of $5,500. For property less than $2,000 in value, the maximum penalty is two years imprisonment and/or a fine of $2,200.

Defences to Larceny

1. If the accused had no intention to permanently deprive the owner of the property and always had the intention of returning the property when it was taken
2. If the accused honestly and genuinely believed they had a legal entitlement to the property, this is the defence of ‘claim of right’
3. If the accused found the property abandoned and there are no reasonable steps to find the owner. If there are reasonable steps to find the owner which are not taken, the accused may be found guilty of ‘larceny by finding’

Break and Enter

A break and enter offence is an offence that encompasses circumstances where access to premises has been procured by breaching the security of the premises with the intent to commit an offence (such as theft or assault). Breaking and entering premises could include such actions as breaking through a window or climbing over a fence into someone’s property. A break and enter offence is a serious offence and courts can impose a term of imprisonment on people found guilty of the offence. Depending on the circumstances of the offence, an offender may be liable for up to 25 years in prison.

To be guilty of a break and enter offence, it must be proved that an offender:

1. Broke into a house or dwelling;
2. Entered the premises; and
3. Had the intent to commit an offence or did commit an offence.

The seriousness of a break and enter offence can be increased by the presence of an aggravating circumstance. An aggravated offence exposes an offender to a higher maximum penalty. For more information on break and enter charges and legal defence arguments please see our dedicated article on break and enter offences..

Robbery or Stealing from a Person

Robbery is the theft or attempted theft of money or personal property from a person through the use or threat of assault. In simple terms, it is a hybrid offence of larceny and assault, containing elements of both offences. It is covered by section 94 of the Crimes Act 1900 (NSW). In NSW, robbery is the most serious of all the stealing offences. Jail time is the most likely outcome for robbery offences. It carries a maximum penalty of 14 years imprisonment. It involves:

1. The unlawful taking and carrying away of another persons property.
2. There was an intention to rob or permanently deprive the owner of the property. Of note, intent can be deduced from conduct before, at the time of, or after the specific act.
3. The property was taken without the owner’s valid consent;  Of note, consent is not seen as valid if influenced by force or threats.
4. The property was taken by actual violence or through the threat of violence. 
5. The violence must be intentional or reckless.

Examples of Robbery

1. threatening a person with violence when stealing property
2. assaulting a person and successfully stealing their property
3. assaulting someone and being unsuccessful in stealing their property

Robbery may be downgraded to larceny if a plea deal is accepted by the prosecution. This can greatly increase the chance of avoiding imprisonment.

Aggravating Factors that Increase Prison Sentences for Robbery

There are certain circumstances which can make the offence seen as more serious, known as aggravating factors. These can increase the maximum penalty available from the maximum penalty of 14 years imprisonment for ‘basic’ robbery. These include:

1. Aggravated robbery such as use of physical violence, intention or reckless infliction of bodily harm, deprivation of any person’s liberty. This is dealt with in section 95 of the Crimes Act. The maximum penalty for this is 20 yrs imprisonment.
2. Robbery with Wounding and the infliction of grievous bodily harm. This means the breaking of the inner layer of skin, rather than simply bruises or shallow scratches. It can result from the use of weapons or may involve punching with significant breaks to the skin or lips. It is dealt with in section 98 of the Crimes Act. The maximum penalty for this is 25 yrs imprisonment.
3. Armed robbery, where the accused was armed with either an offensive weapon, which is dealt with in section 97 (1) or a dangerous weapon, dealt with in section 97 (2) of the Crimes Act. The maximum penalty for this is 20 or 25 yrs imprisonment.
4. Robbery in the company of another person. This is also dealt with in section 97 (1) of the Crimes Act. The maximum penalty for this is 20 yrs imprisonment.

Fraud, Embezzlement, Obtaining and Extortion

Fraud is when a person obtains money or property they are not entitled to from another person through dishonest acts. Embezzlement is a type of financial fraud, whereby a person entrusted with looking after money or property steals or misappropriates these funds or assets, for example, an employee stealing from their employer. Obtaining is when money or property is not physically taken but is taken through other means such as deception. Finally, extortion (often known as ‘black mail’) is where a person threatens another person to obtain their property.

Fraud, embezzlement, obtaining and extortion each carry a maximum penalty of 10 years imprisonment. For more information regarding fraud, please see our dedicated article on Types of Fraud.

How can BSM Sydney Lawyers assist you?

The criminal lawyers at Brander Smith McKnight are very experienced with defending stealing offences. We can advise you of your legal rights and obligations and vigorously advocate for you in court. We have a high success rate in defending the stealing offences of larceny, robbery, break and enter and fraud. The senior criminal lawyers at BSM Sydney Lawyers offer a free 20 minute consultation.

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