What is Stealing?
You will be charged with the offence of stealing if the police allege you have taken something that belongs to someone else, without their consent and kept it with no intention of returning it.
What does Prosecution Have to Prove?
For an accused to be found guilty of an offence of stealing, the prosecution must prove the following beyond a reasonable doubt:
- The property is a thing that is capable of being stolen
- The thing is owned by the person named as the owner
- The accused had taken the property without the consent of the owner
- The property was taken with fraudulent intent to permanently deprive the owner of the thing
Penalties for Sentencing
If there are no circumstances of aggravation, the maximum penalty for stealing is up to five years imprisonment. When there are circumstances of aggravation, however, the maximum penalty increases to up to 10 to 14 years imprisonment.
What Court are Stealing Offences Heard?
A Stealing matter will be heard in the Magistrates Court unless the value of the property involved exceeds $30,000 and the defendant is pleading not guilty.
Possible Defences to be Raised
There are a few options in terms of defences for stealing such as:
- The property is not capable of being stolen
- The accused had the consent of the owner to take the property
- The accused had the mistaken belief that they had consent from the owner
- The property was abandoned by the owner
If you are found guilty or plead guilty to an offence of Stealing, it is common for the Magistrate to order restitution, which is an order requiring you to repay the cost of the item stolen. That amount of restitution can be referred to SPER for payment so that payments can be made over time.
If you do not maintain regular SPER payments, they do have the power to suspend your licence.
This post contains general advice only and is not intended as legal advice.
