Shoplifting is charged as larceny, one of the most common property offences in the state. Here’s what the charge means, what the penalties are, and what the court actually looks at.
Figures are Local Court maximums. Most first offences are dealt with well below them.
Try it outThese are the numbers the law sets. What happens in your matter depends on your record and your circumstances, and a solicitor at Daoud Legal - Criminal Defence reviews every matter.
Larceny is the legal term for theft or stealing in New South Wales. It involves taking and carrying away someone else’s property without their consent, with the intention of permanently depriving the owner of that property. This offence is governed by the Crimes Act 1900 (NSW). Shoplifting is charged as larceny.
The High Court of Australia, in Ilich v R (1987), defined it this way: “A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.”
If someone shoplifts a pair of shoes from a store, that is larceny. If they threatened the store clerk with violence to hand over the shoes, it would be robbery. If they broke into the store after hours to steal the shoes, it would be burglary.
The maximum penalty for larceny in NSW is five years imprisonment. This maximum is typically reserved for the most serious cases and is rarely imposed. In practice, the penalties depend on the value of the property and the court handling the case:
| Value of property | Local Court maximum |
|---|---|
| Under $2,000 | 2 years imprisonment and/or a fine of $2,200 |
| $2,000 to $5,000 | 2 years imprisonment and/or a fine of $5,500 |
| Over $5,000 | 2 years imprisonment and/or a fine of $11,000 |
These are maximum penalties. The actual sentence is often less severe, especially for first-time offenders or lower-value items.
When determining an appropriate sentence, the court considers factors related to both the offence and the person who committed it:
A first-time offender who stole food worth $100 due to financial hardship would likely receive a much more lenient sentence than someone with a history of theft who stole $5,000 of electronics from a small business.
Get advice before you say anything to police. Anything you say could be used as evidence. Even if you believe you’re innocent, explaining your side of the story without legal guidance could inadvertently provide information that strengthens the case against you.
Write down what happened as soon as possible while details are fresh, note any witnesses, and keep any receipts, messages or emails that are relevant.
If you are pleading guilty, the material that matters is character references from respected people in your life and a plea in mitigation that expresses remorse and explains any circumstances that help the court understand what happened.
Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.
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