What the law says
Section 156 of the Crimes Act states:
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, shall be liable to imprisonment for ten years.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. The accused person was a clerk or servant.
2. The property charged was owned by his or her master, or was in the power or possession of the master.
3. The accused person stole the property.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Maximum penalty
The Maximum penalty for the offence of Larceny by Clerk or Servant is 10 years imprisonment.
Which court will hear the matter
Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Possible defences
Possible defences to this offence include but are not limited to
1. Duress
2. Necessity