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Before you can be found guilty of larceny, the prosecution has to prove all of these six factors:

• You took and carried away property
• The property that was taken belonged to someone else
• The person who owned the property did not give permission for you to take it
• You did not intend to return the property to the owner
• You did not have a ‘claim of right’ to the property
• You took the property dishonestly

For matters finalised in the Local Court:

• If the value of the property is $2,000 or less, the maximum penalty is 2 years’ imprisonment and/or a fine of $2,200.
• If the value of the property is more than $2,000 and less than or equal to $5,000, the maximum penalty is 2 years’ imprisonment and/or a fine of $5,500.
• If the value of the property is more than $5,000 then the maximum penalty is 2 years’ imprisonment and/or a fine of $11,000.
• If the matter is finalised in the District Court then the maximum penalty increases to 5 years’ imprisonment.

There are defences available depending on the circumstances of each case. Standard defences to consider are:

Before you can be found guilty of break and enter the prosecution has to prove:

• That you broke something;
• That by breaking something you gained access into a house, residence or premises;
• The you entered the house, residence or premises; and
• That you either stole something or committed a serious indictable offence.

Break and enter may be actual or constructive. Actual breaking is where the security of the house is infringed though there not need be any breaking of any object see R v Smith (1827) 1 Mood 178.

Constructive breaking occurs when entry is obtained by fraud, or threats, or by the use of a key which the person is not entitled to use. The test is whether a person entering the house believed he had no authority to enter see R v Chandler [1913] 1 KB 125

The most serious form of break and enter is where the accused did the act knowing that there were people present and was prepared to use force against them in a robbery-like fashion. This is known as a "home invasion".

Break and enter can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 14 years (if heard in the District Court).

If it is an “aggravated offence” the maximum period imprisonment increases up to 20 years.

If it is a “specially aggravated offence” the maximum imprisonment is up to 25 years.

There are defences available depending on the circumstances of each case. Standard defences to consider are:

Some of the possible defences available for those charged with Break and Enter can include:

To maintain your innocence if you did not commit the act;

To argue that you did not break anything;

To argue that what you broke did not allow you to access the house or premises;

To argue that you did not enter the house or premises;

To argue that you did not steal anything or that you did not commit a strictly indictable offence; or

Duress – If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue duress.

Necessity – If your actions were necessary to prevent a greater harm from occurring, you may have the defence of necessity.

Pursuant to section 527C of the Crimes Act 1900 (NSW), the prosecution must prove that you either:

• Had something in your possession that was reasonably suspected of being stolen;
• Made somebody else look after something on your behalf that was reasonably suspected of being stolen;
• Had something on your premises (for example, in your house or car) that was reasonably suspected of being stolen – even if you did not live at the premises in question;
• Gave another person custody of something to which they are not legally entitled.

The maximum penalties that can be imposed by the courts under section 527 depend on what the good in question is.

Where it is a motor vehicle or vessel, or a part of a motor vehicle or vessel, the maximum penalty is 1 year imprisonment and/or a fine of $1,110.

For all other items, the maximum penalty that can be imposed by the court is 6 months’ imprisonment and/or a fine of $550.

Under the Act, it is a sufficient defence to a prosecution for an offence under subsection (1) if the defendant satisfies the court that he or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.

The primary defence for a charge of Goods in Custody is proving that the goods were not in fact stolen or unlawfully obtained. If you satisfy the court of this, on the balance of probabilities, you will be acquitted of the charge.

Common ways to defend this charge are:

To show that you had in fact lawfully obtained the item, for example, by purchasing it or having a legitimate claim of right;

You may wish to argue that you:

• were not physically in possession of an item;
• had not given an item which you were in possession of to someone else temporarily;
• did not have the item in your possession at your home; OR
• did not have the item in your possession and that you did not give or sell it to someone else; or
• To raise necessity or duress as the reason for your conduct.

The prosecution must prove beyond a reasonable doubt that you:

• Without the consent of the owner or person in lawful possession of the conveyance.
• You took and drove, or took for the purpose of driving, or secreting, or obtaining a reward for the restoration or pretended restoration a conveyance.

A conveyance’ means any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation.

The maximum penalty for the charge of illegal use of motor vehicle (Section 154A of the Crimes Act) is 5 years imprisonment.

In NSW, a court can impose any of the following penalties for a joy riding charge.

• Prison Sentence
• Home Detention
• Intensive Corrections Order (ICO)
• Suspended Sentence
• Community Service Order (CSO)
• Community Corrections Orders (CCO)
• Good Behaviour Bond
• Fine
• Section 10A
• Conditional Release Order (CRO)
• Section 10

Possible defences to a taking a conveyance without the consent of the owner charge include but are not limited to:

Self defence

Duress

Necessity

To obtain a guilty conviction the prosecution must prove beyond a reasonable doubt that:

• A person who, by any deception, dishonestly:
• obtained property belonging to another, or
• obtained a financial advantage or caused a financial disadvantage
• and that your actions were intentional or reckless

Although people often act dishonestly when engaging in certain transactions, deception is an essential element that is sometimes not able to be proved by the prosecution in general fraud cases.

Note that “dishonesty” and “deception” are two different elements of the offence of fraud and although they often go hand in hand, both must be proved in every fraud case.

“Dishonesty” is defined in Section 4B of the Crimes Act 1900 and means: “…dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people”

The property obtained has to belong to another person or entity and there must be the intent to permanently deprive the owner of the property.

If the charge is dealt with in the Local Court, 2 years imprisonment is the maximum sentence. The prosecution may elect to proceed in the District Court if the property involved is sizeable. The court can make an order for compensation.

Available defences include:

Where you honestly believed you were legally entitled to the property (claim of right)

Where you were coerced or threatened into the fraudulent conduct (duress)

Where you were suffering from a mental illness at the time of the fraudulent conduct

WWhere you engaged in the fraudulent conduct to prevent serious injury or danger (necessity)

The elements of the offence with the prosecution must prove are:

• That you obtained a gain or caused a loss to a Commonwealth entity;
• That you did so dishonestly;
• That you intended to obtain a gain or cause a loss through your actions.

Whether or not your actions are dishonest is gauged by whether ordinary people would consider your actions to be dishonest, and whether you knew that your actions were dishonest.

The offence carries a maximum penalty of 10 years.

Possible defences include:

If you were threatened or coerced into obtaining the benefit or causing the loss (duress)

Where you made an honest and reasonable mistake of fact in relation to the benefit or loss (honest and reasonable mistake of fact)