Property Offences

Property Offences - Criminal Law Defences

There are an array of property type offences in NSW.  As the law recongising a person has a right to possess and defend their property,  it is a fundamental principle in the New South Wales criminal justice system.

Property offences include:

• stealing,
• damaging property,
• threatening to damage another person's property

All are serious and punishable by up to a maxiumum 5 years imprisonment.

Other property offences are contained in Part 4AD of the Crimes Act 1900. 

Stealing property is charged as Larceny, which involves dishonestly appropriating [taking] another person's property with the intention of permanently depriving them of the property.

Common example of Larceny is Shoplifting [or' '5 finger discount' as some call it]..

There is also Larceny by clerk, also known as theft from an employer, these offences carries a greater maximum penalty of 10 years imprisonment, due to the trust generally placed on employees by their employers. Embezzlement by clerk is related offences which occurs when an employee dishonestly approves funds or property before the employer has taken possession of the property.

Other property offences include:

Damaging and/or Destroying a person property is known as Malicious Damage of Property

• This offence involves intentionally or recklessly destroying property belonging to another person.
 

Threatening to destroy or damage property

• A person can be found guilty of this offence even if the threat is not carried out.
 

Damaging or desecrating protected places

• This offence occurs when a person vandalism or damages a shrine, monument, or statue in a public place.

 

Some Common Defence to property offences are:

You did not damage the propety or

You did not steal  the property, such as with Shoplifiting you had no intention of not paying for the property

You did damage the property but were acting in Self Defence, Duress or Necessity.

The property you took was abandoned in a public place.

Property offences are serious, if you are charged with a property offence contact Houston Defence Lawyers. We are dedicated to protecting clients' rights and reputation. We bring years of experience and expertise to defend cases vigorously, aiming for positive outcomes such as charge withdrawal, downgrading, dismissal, or minimal penalties. With a skilled team in advocacy who provides strong support and guidance throughout the legal process. Our first consultation is free.