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Charged with shoplifting or larceny in NSW.

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.

Legal content by Daoud LegalLast reviewed 28 September 2026Applies in New South Wales
At a glance
$2,200Maximum fine where goods are under $2,000
2 yearsLocal Court maximum imprisonment
Section 10Available, especially for a first offence
RecordA conviction creates a criminal record

Figures are Local Court maximums. Most first offences are dealt with well below them.

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The offence

What is larceny in NSW?

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.”

How larceny differs from other theft offences

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.

Penalties

Penalties depend on the value of what was taken

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 propertyLocal Court maximum
Under $2,0002 years imprisonment and/or a fine of $2,200
$2,000 to $5,0002 years imprisonment and/or a fine of $5,500
Over $5,0002 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.

What the court weighs

Factors that affect the sentence

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.

This is the part Court Mate helps with. We guide you through preparing your character references, your letter of apology and the rest of your material, and a solicitor at Daoud Legal checks all of it before you hand it up.
If you have been charged

What to do now

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.

Pleading not guilty

Defences to a larceny charge

A defended hearing is a different job from a guilty plea. Court Mate helps people prepare for sentencing after a guilty plea. If you want to fight the charge, Daoud Legal runs defended hearings directly.

Not sure where your matter fits?

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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Questions

The things people actually ask

What happens if I’m caught shoplifting for the first time?
Consequences vary based on the goods’ value and circumstances. Options include cautions, diversion programs, or formal charges. Penalties range from fines to community service, and imprisonment is rare. Minor cases may result in cautions; more serious ones face harsher consequences.
Can I get a criminal record for larceny?
Larceny convictions typically result in criminal records, affecting employment and travel. First-time or minor offenders may avoid a conviction through options like section 10 dismissals. Outcomes depend on the circumstances of the offence and your personal background.
What’s the difference between larceny and robbery?
Larceny is taking property without consent to permanently deprive the owner. Robbery involves force or threats while stealing. Sneaking items from a store is larceny; threatening a cashier for money is robbery.
Can I be charged with larceny if I intended to return the item?
Intention to return isn’t a complete defence, but may negate “intention to permanently deprive.” Courts consider each case’s circumstances. Borrowing without asking might not be larceny, but joyriding could be, despite plans to return.
How long do larceny cases take to resolve?
It varies with complexity, court schedules, and pleas. A straightforward shoplifting case might conclude in 2 to 3 months. Complex trials can take more than a year.
Should I talk to the police?
Get legal advice before making any statements to the police, as anything you say could be used as evidence against you.
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