Larceny as a Clerk or Servant
Charged With Larceny By Clerk or Servant? Our Experienced Team Can Help
Our experienced criminal solicitors understand the complexities of offences related to larceny as a clerk or servant.
Larceny charges fall into different categories including “Larceny by clerk or servant” (otherwise known as “Larceny by Servant”), which is theft or stealing by clerk or servant. It is often charged when an employee has stolen from the employer or in other similar situations.
Pursuant to section 156 of the Crimes Act 1900, whosoever, being a clerk or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, has committed this offence.
To be guilty of this offence it must be proved that the accused wrongfully took and carried away the personal goods of another with the intent of permanently depriving the owner of such property without his or her consent and that you were a clerk or servant of the other.
The maximum penalty for larceny by clerk or servant is 10 years imprisonment and differs depending on the value of the property stolen and in which Court the matter is to be heard.
If the amount stolen exceeds $5,000.00 then this is considered a Table 1 Offence which means the accused or the prosecution can choose whether it is to be dealt with in the District Court. If no election is made, the local court will hear it.
There are also defences of duress and necessity available to an accused.
How RHC Solicitors Help
We have experienced criminal lawyers across Queensland. We deal with the police and attend the Magistrates Court and District Court every day and have handled thousands of larceny as a clerk or servant matters.
We're affordable lawyers and often offer fixed fee quotes so that you know exactly what is ahead.