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.