Property related offences such as burglary and enter premises are becoming increasingly prevalent in today’s society. You have to lock up your house and your valuables whenever you leave home, and if you leave something valuable unattended, you run the risk of it being taken.
Theft is a common offence in Australia. If you’re the one accused of theft, you should consider contacting a criminal defence lawyer to understand your rights better.
The Different Types of Theft-Related Offences
Taking another person’s property is sometimes generally referred to as “theft,” but according to the law, there are different types of theft-related offences, which are explained below:
- Shoplifting/ Leaving a Restaurant Without Paying
An offence of unlawful dealing with shop goods(“shoplifting’) is for an offence of leaving a shop, restaurant, or hotel without paying for the items. It includes swapping or changing price tags and leaving a restaurant or hotel without making payment.
If the items alleged to be shoplifted must be valued under $150 or else a charge of stealing will be preferred against you. A charge of unlawful dealing in shop goods can only receive a maximum penalty of a fine. If however the charge of stealing is preferred the maximum penalties increase to 5 years imprisonment..
- Stealing
Stealing can be defined as depriving another person of their property without their consent and intention to give it back. It can be anything of value and it is dealt with as per the Criminal Code.
The penalty for stealing varies depending on several factors, like previous convictions or what property was stolen. Stealing can incur a prison sentence of up to 5 years.
If violence is used to get the property, if the property stolen is more than $1,000, or if the item is taken from a locked room or box that had to be opened, the jail term can increase to a maximum of 10 years.
Generally speaking, a court can enforce any of the following punishments:
- Imprisonment
- Probation
- Community service orders
- Recognisance
- A fine
The court can choose not to record a conviction against you for any penalty except jail. This means that your criminal record will stay clean.
What Must Be Proven
The state attorney must prove the following to successfully charge someone with stealing:
- The item in question is capable of being stolen
- The item is owned by someone
- Your act caused them to lose possession of the item
- The owner did not agree to have the property taken
- You must have intended to deprive the person of ownership of the thing
If you are unsure whether any of the above exclusions apply to you, make sure that you contact a criminal defence lawyer, who will be able to explain the process to you.
- Fraud
Fraud is stealing by dishonesty. This means you dishonestly obtain property or a benefit belonging to someone else. This can include getting government benefits you are not entitled to,or leaving a hotel or restaurant without paying or selling an item on e-bay that you have no intention or ability to provide. The maximum penalty for fraud can range from 5-12 years imprisonment. This depends on the specific situation of the case.
- Burglary
A burglary happens when you illegally enter someone’s property to commit a crime. The punishment is a maximum of 10 years in jail. If you enter another’s property and actually commit a crime, the penalty goes up to 14 years.
- Entering through Breaking
This can mean entering by opening a door or window or through a place not designed to be entered. Strictly speaking, you don’t have to open a lock or break anything for your entry to constitute a “break.”
Consider a Criminal Defence Lawyer if You Have Been Convicted of Theft or Related Offence
To be charged and convicted of theft can be scary and intimidating. If you or someone you know has been accused of theft or a related offence, you must contact an experienced criminal defence lawyer who will be able to guide you through the process from beginning to end.