There are many motivators for theft, such as greed and desperation. You have legal rights if you’ve been affected by or accused of theft. It’s best to contact a lawyer to exercise your rights to legal representation and guidance.
How is Theft Defined?
Theft is defined as deliberately taking something (that is not yours) from another person without the intention of returning it.
Theft includes the following:
- Acquisition by deception.
- Burglary (accessing another person’s land or property to steal, damage property. or assault a person).
- Robbery/armed robbery.
- Travelling to a place equipped to steal.
- Handling stolen items.
- Getting stolen items.
- Joyriding (stealing a car so you can drive it around), even if you plan to give the car back; and
- Shoplifting.
You may also be charged with theft if you find something and take possession without attempting to find the rightful owner.
Theft and robbery are also often confused. Our guide on the difference between theft and robbery explains how the two offences are treated in Victoria.
Common Situations That Lead to Theft Charges
Most theft charges in Victoria arise from everyday situations rather than planned crimes:
- Shoplifting, often detected by store security and CCTV.
- Workplace theft, such as taking stock, tools or money from an employer.
- Borrowing without consent, taking property intending to return it, without the owner's agreement.
- Stealing by finding, such as keeping a lost wallet or phone without genuinely trying to locate the owner.
- Receiving or handling stolen goods, even if you were not the one who took them.
Getting advice early gives your lawyer the most room to help.
What Happens After You Are Charged?
In most theft matters, the police will first ask you to take part in a recorded interview. You have the right to speak to a lawyer beforehand, and what you say in that interview can shape the entire case. If you are charged, the first court date is generally a mention hearing at the Magistrates’ Court, where the case is not decided but the next steps are set. Your lawyer can appear with you, request the brief of evidence and start negotiating early.
Elements That the Prosecution Must Prove
If you have been charged with the offence of theft, the prosecution (typically the police) will prove the following:
- You acted dishonestly when you took the item;
- It did not belong to you;
- You had no intention of returning it to the owner.
Intent matters enormously. The prosecution must show you acted dishonestly, not just that property ended up in your hands. If you honestly believed you had a legal right to the property, that the owner would have consented, or that the owner could not reasonably be found, that belief can undermine the dishonesty element. A lawyer should assess your specific facts.
When your matter goes to court, you can either:
- Admit to committing theft and request diversion (the diversion program involves your case being handled differently. This is usually allowed for less severe cases. You have to accept certain conditions. A huge positive is that you do not get a criminal record);
- Acknowledge that you are guilty; or
- Deny guilt.
Diversion is often the best realistic outcome for a first-time, low-level theft matter such as shoplifting, but it is never guaranteed. The prosecution must consent and the magistrate must consider it appropriate. A lawyer can prepare the strongest case for diversion, including references and proof that any loss has been repaid.
Concerning the above, remember that a criminal defence lawyer will be able to advise you fully on any matter relating to theft and what options are available to you.
What a Defence Lawyer Actually Does With a Theft Brief
Once your lawyer obtains the police brief, the real work starts. They will scrutinise the CCTV footage, check whether receipts or bank records support your version of events, and test whether the evidence actually proves dishonest intent rather than a mistake or misunderstanding. They also negotiate, whether that means asking the prosecution to withdraw charges the evidence does not support or correcting an exaggerated police summary. Experienced theft and dishonesty offence lawyers in Melbourne handle this negotiation constantly, and it often shapes the final outcome.
Sanctions and Compensation Orders
The penalties for theft include imprisonment, fines or both. You might be required to commit to community service, either as an adjourned undertaking or community correction order etc.
These matters are generally heard in the Magistrates’ Court, except when the value of item/s exceeds $100,000 or when there are additional serious charges.
After judgement, if you are found guilty, restitution may be ordered. This can be in the form of returning stolen goods or compensation to the owner for the item that was sold, misplaced or damaged.
Theft is one of several dishonesty offences in Victoria. If your matter involves allegations of dishonesty beyond stealing, our guide to fraud and deception offences covers what those charges involve.
Practical Dos and Don'ts if You Are Facing a Theft Charge
Do:
- Speak to a lawyer before your police interview, not after.
- Keep any receipts, messages or records that support your account.
- Attend every court date, on time.
Don't:
- Contact the alleged victim or any witnesses about the matter.
- Post about the case on social media.
- Return to the store or workplace involved if told to stay away.
- Assume admitting everything will make the problem go away.
Final Thoughts
A lawyer can help you defend yourself if you have been charged with a crime and are not guilty. If you are guilty, a lawyer could argue for a more lenient sentence depending on your prior criminal history or after considering any mitigating factors.
Conversely, if you are a victim of a crime, you can contact a lawyer too to find out about restitution.
Make sure you are well-placed to deal with this matter by getting the necessary legal guidance. Contact us today for more information regarding the criminal offence of theft.
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