Shoplifting, Break and Enter and Robbery offences are among the most commonly prosecuted criminal charges in New South Wales, but they can still carry serious penalties, including criminal convictions and imprisonment. Depending on the nature of the allegation, theft matters can range from relatively minor offences to very serious indictable crimes.

Our lawyers are highly experienced in defending theft-related charges and are best placed to protect your rights and work towards the best possible outcome in your case.

Larceny which can also be described as shoplifting involves dishonestly taking property belonging to another person without their consent and with the intention of permanently depriving them of it.

To prove a charge of larceny, the prosecution must establish the following elements:

1. PROPERTY
That the property belonged to another person.

2. TAKING
That the accused took and carried away the property.

3. DISHONESTY
That the taking was dishonest according to the standards of ordinary people.

4. INTENTION TO PERMANENTLY DEPRIVE
That the accused intended to permanently deprive the owner of the property.

Penalties for Theft can include:
● Criminal Conviction
● Good Behaviour Bond
● Fines
● Community Service
● Imprisonment (up to 5 years)

Robbery is a more serious offence than theft and involves stealing property while using or threatening violence. Robbery offences are treated very seriously by the courts due to the element of violence or intimidation involved.

To prove a charge of robbery, the prosecution must establish:
1. A theft occurred
2. Violence or threats of violence were used
3. The violence or threats occurred immediately before or at the time of the theft

Robbery offences may be further aggravated where:
● A weapon is used
● Actual bodily harm is inflicted
● The offence is committed in company

Penalties for Robbery can include:
● Criminal Conviction
● Lengthy terms of imprisonment (up to 14 years, or higher for aggravated offences)

Robbery charges are almost always dealt with in higher courts.

Break and enter offences involve entering a dwelling or other premises as a trespasser with the intention of committing a serious offence, such as theft, inside.

Break and enter charges may include:
● Break and enter with intent to steal
● Break, enter and commit a serious indictable offence
● Enter dwelling-house with intent to steal

Penalties for Break and Enter can include:
● Criminal Conviction
● Significant fines
● Imprisonment (up to 14 years, or higher in aggravated circumstances)

These matters often involve forensic evidence, CCTV, and circumstantial evidence.