Fraud, Larceny and Robbery Archives -

Larceny by Clerks or Servants

Our experienced criminal lawyers are committed to helping you obtain the best possible outcome for your larceny by clerks or servants charge. We will also ensure you remain fully informed throughout the court proceedings.

Can I avoid a criminal conviction for larceny by clerks or servants?

Yes, it is possible to avoid a criminal conviction. The likelihood of this outcome depends on the circumstances of the offence, the seriousness, and your subjective circumstances.

However, most offenders will be convicted. A common sentence is a Community Corrections Order.

Will I go to jail?

The maximum penalty is 10 years imprisonment in NSW. Therefore, it is possible to go to jail. However, this will depend of the seriousness of the larceny and your criminal record.

There are alternatives to jail. For instance, an Intensive Corrections Order. You should obtain legal advice to understand how you can increase your chance of a community based sentence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt you:

Were a clerk or servant, and
Stole property, and
That property belonged to, or was in the possession of, your employer

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced criminal lawyers have successfully defended charges of larceny. We have also argued for favourable outcomes for clients at sentence, including non-convictions.

Intention to Defraud by False or Misleading Statement

If you’ve been charged with intention to defraud by false or misleading statement, we are here to help.

Can I avoid a criminal record for Intention to Defraud by False or Misleading Statement?

A court will likely convict you for this offence.

However, it’s possible to avoid a criminal conviction. The likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.

Will I go to jail for Intention to Defraud?

The maximum penalty is 5 years imprisonment in NSW.

Therefore, it is possible to go to jail. A court will consider a term of imprisonment if the circumstances of the fraud are serious. In addition, a court will look at your criminal record.

However, there are alternatives to imprisonment that a court can consider. For example, a Conditional Release Order, a Community Correction Order or an Intensive Correction Order. You should obtain legal advice to understand the likely sentence for your case.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Made or published a statement, and
The statement was false or misleading, and
There was an intention to:
- Obtain property that belonged to another person, or
- Obtain a financial advantage, or
- Cause a financial disadvantage

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are highly experienced in fraud related matters.

We can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

Demanding Property with Intent to Steal

Demanding property with intent to steal carries a maximum penalty of imprisonment. Therefore, it’s a serious offence.

As a result, being charged can feel overwhelming. However, our lawyers are with you every step of the way.

Will I go to jail for Demanding Property with an Intention to Steal?

The maximum penalty is 10 years imprisonment in NSW. However, the penalty increases to 14 years if the offence is committed ‘in company’. In other words, the offence occurred with another person.

Therefore, jail is possible. However, the court will consider a range of sentencing options, including an Intensive Correction Order. The sentence you receive will depend on a number of factors. These include the seriousness of the offence, your criminal history and your subjective circumstances.

For less serious offences, the court may consider a Community Correction Order.

Can I avoid a criminal record for Demanding Property with an Intention to Steal?

This is a serious criminal offence. Therefore, a conviction is likely. However, in rare circumstances you could receive a Conditional Release Order without conviction.

In deciding your sentence, the court will consider a number of factors. For example, these include:

The seriousness of the charge
Your criminal history
Any rehabilitation you have completed
Your subjective circumstances

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

With menaces or by force,
Demands property from a person
With the intention to steal that property

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced criminal lawyers regularly appear in criminal cases throughout Newcastle, Sydney and New South Wales. We are committed to your result. In addition, we will ensure you’re informed and consulted every step of the way.

Enter Dwelling House Without Consent

An offence of enter dwelling house without consent will be dealt with seriously by police and the court. However, we are here to help.

Will I go to jail for Enter Dwelling House without Consent?

The maximum penalty is 10 years imprisonment in NSW. However, if the offence occurs in circumstances of aggravation, the maximum penalty increases to 14 years.

Therefore, jail is possible. However, the court will consider a range of sentencing options. The sentence you receive will depend on the seriousness of the offence, your criminal history and your subjective circumstances.

For less serious offences, the court may consider a Community Corrections Order.

Can I avoid a criminal record for Entering a Dwelling House Without Consent?

This is a serious criminal offence. Therefore, a criminal conviction is likely.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Entered a building or structure,
The structure is a dwelling, and
Entered with the intention of committing a serious indictable offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is a ‘serious indictable offence?’

A serious indictable offence is a criminal offence that carries a maximum penalty of 5 years or more.

What are ‘circumstances of aggravation’?

The maximum penalty will increase if the charge occurred in circumstances of aggravation. In other words:

If you inflict actual bodily harm
If you have a weapon
You use corporal violence
Being in the company of another person
If you deprive someone of their liberty

We can help

Our lawyers are experienced in representing offenders charged with serious criminal offences. We can help you defend the charge, or negotiate with police. If you plead guilty, we are committed to ensuring you receive the best possible outcome.

Aggravated Break and Enter

Being charged with a serious offence such as aggravated break and enter, can feel overwhelming. You need to feel confident in your legal representation. Our trust criminal lawyers are with you every step of the way. We are committed to your result.

Will I go to jail for Aggravated Breaking and Entering?

The maximum penalty is 20 years imprisonment in NSW. However, if the offence occurs in special circumstances of aggravation, the maximum penalty increases to 25 years imprisonment.

Therefore, jail is likely. However, there are alternatives to jail such as an intensive corrections order. This will depend on the seriousness of the offence and your subjective circumstances. If the offence is not aggravated, you may be charged with break and enter instead.

Can I avoid a criminal record?

No, the court will impose a conviction. This is because the charge is very serious.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Broke something in order to gain access to a building or premises, and
Entered that building or premises, and
Committed any serious indictable offence, and
The offence occurred in circumstances of aggravation OR in special circumstances of aggravation

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

A break and enter charge will apply if there are no aggravating circumstances.

What are ‘circumstances of aggravation’?

Circumstances of aggravation include:

If you inflict actual bodily harm
If you have a weapon
You use corporal violence
Being in the company of another person
If you deprive someone of their liberty

What are ‘special circumstances of aggravation’?

Special circumstances of aggravation means that there is a special feature of the offending which makes it more serious. This includes:

If you wound or maliciously inflict grievous bodily harm’ on another person, and/or
If you had a dangerous weapon.

We can help

Our experienced criminal lawyers are committed to your case.

Break and Enter

Our criminal lawyers are committed to helping you obtain the best possible outcome for your break and enter charge.

Can I avoid a criminal record?

A conviction for this charge is likely.

A community correction order is a common sentence for first time offenders. However, each case is unique. Therefore, you should obtain legal advice to get a more accurate sentence range for your charge.

Will I go to jail for breaking and entering?

The maximum penalty is 14 years imprisonment in NSW.

Therefore, it is possible to go to jail. However, whether you will be sentenced to jail depends on the seriousness of the offence and your subjective circumstances.

In addition, you may be charged with an aggravated offence. This is a more serious charge. Therefore, the likelihood of jail is higher. :

Break and Enter Definition

The prosecution must prove beyond reasonable doubt that you:

Broke something in order to gain access to a building or premises, and
Entered that building or premises, and
Committed any serious indictable offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is a ‘serious indictable offence?’

A criminal offence that carries a maximum penalty of 5 years imprisonment or more.

We can help

We can help you fight the charge, if you feel you have been wrongfully charged. Alternatively, we can help you negotiate with police before you plead guilty, or make representations to have the charge withdrawn.

Obtain Benefit By Deception

If you’ve been charged with obtain benefit by deception, we are here to help. We’re committed to providing you with quality advice, and assisting you to obtain the best possible outcome for your case.

Examples of obtaining a benefit by deception

Obtaining a benefit by deception, also known as fraud, involves:

Dishonestly obtaining property belonging to someone else, or
Obtaining a financial advantage, or
Causing someone else a financial disadvantage.

For example:

Using someone else’s credit card without their consent
Paying for a product or service with a fake cheque
Changing a barcode on a product to purchase the product for a cheaper price
Transferring money from a work bank account to a personal bank account without authorisation

An alternative charge for fraud is larceny.

Can I avoid a criminal record for obtain benefit by deception?

The court takes these offences extremely seriously. It is the type of matter where ‘general deterrence’ is an important matter for the court to consider during sentencing. In other words, a court will sentence a person in a way that will deter others from committing the same offence. As a result, avoiding a conviction is difficult.

In deciding whether or not to record a conviction, the court will consider your criminal history, the seriousness of the offence, and your subjective circumstances.

A conditional release order will likely be imposed if no conviction is recorded.

Will I go to jail?

The maximum penalty is 10 years imprisonment. However, the maximum penalty is 2 years if dealt with by a Local Court.

It is therefore possible to receive a term of imprisonment for this offence. However, there are other options available to the court, such as an intensive corrections order or community corrections order. Full time imprisonment is unlikely if you do not have a criminal history and the offence is not too serious.

Can I defend an obtaining benefit by deception charge?

Yes. For example:

You were of the belief that you were lawfully entitled to do what you did
You acted under duress
There was no dishonesty or deception
You did not obtain an advantage or cause a disadvantage

We can help

Our lawyers appear in criminal matters in the Local Court and District Court throughout Sydney, Newcastle and New South Wales. We can help you defend the charge, or prepare to receive the best possible sentence.

Larceny

Larceny is commonly referred to as shoplifting or stealing. It can result in a criminal conviction.

What is larceny?

It involves taking an item, without the consent of the owner, with an intention to permanently deprive the owner of the item. For instance, a common example is shoplifting.

Can I avoid a criminal record for larceny?

A court will usually record a criminal conviction. This is because this type of offence is common. Therefore, the court will sentence a person in a way that sends a message to the community so that others are deterred from committing the offence. As a result, many offenders will receive a fine, a conditional release order, or a community corrections order.

However, it is possible to avoid a conviction. The likelihood of this outcome depends on the circumstances of the offence, the value of the item, and the subjective circumstances of the offender.

Will I go to jail?

The maximum penalty is 5 years imprisonment. However, if you are sentenced in the Local Court the maximum penalty is 2 years.

It’s therefore possible to receive a term of imprisonment for this offence. However, this outcome is unlikely if you do not have a criminal history and the circumstances of the offence are not too serious. The court will look at all other options before deciding that you should go to jail. For example, an intensive corrections order.

Can I defend the charge?

Yes, it is possible to defend this charge. You will be found not guilty if the prosecution are unable to prove the elements of the charge.

For example, if you believed you were lawfully entitled to the item, this is a defence. However, if you later realise the item isn’t yours, but you decide to keep it, this will not be a valid defence. The court will ultimately consider whether your belief was reasonable, in deciding whether you are not guilty.

https://wcolawyers.com.au/not-guilty-of-larceny/

We can help

We are experienced criminal lawyers, and we are committed to helping you obtain the best possible outcome for your case.

Fraud, Larceny and Robbery

Can I avoid a criminal conviction for larceny by clerks or servants?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal record for Intention to Defraud by False or Misleading Statement?

Will I go to jail for Intention to Defraud?

If I defend the charge, what must be proved?

We can help

We're here to help

Will I go to jail for Demanding Property with an Intention to Steal?

Can I avoid a criminal record for Demanding Property with an Intention to Steal?

If I defend the charge, what must be proved?

We can help

We're here to help

Will I go to jail for Enter Dwelling House without Consent?

Can I avoid a criminal record for Entering a Dwelling House Without Consent?

If I defend the charge, what must be proved?

What is a ‘serious indictable offence?’

What are ‘circumstances of aggravation’?

We can help

We're here to help

Will I go to jail for Aggravated Breaking and Entering?

Can I avoid a criminal record?

If I defend the charge, what must be proved?

What are ‘circumstances of aggravation’?

What are ‘special circumstances of aggravation’?

We can help

We're here to help

Can I avoid a criminal record?

Will I go to jail for breaking and entering?

Break and Enter Definition

What is a ‘serious indictable offence?’

We can help

We're here to help

Examples of obtaining a benefit by deception

Can I avoid a criminal record for obtain benefit by deception?

Will I go to jail?

Can I defend an obtaining benefit by deception charge?

We can help

We're here to help

What is larceny?

Can I avoid a criminal record for larceny?

Will I go to jail?

Can I defend the charge?

We can help

We're here to help