Theft under Australian law is a grave crime, and there are numerous forms of it, ranging from shoplifting small items from a shop to large scams worth millions involving high-value assets. While “grand theft larceny” is used more frequently in the United States, Australia also has its own legal definitions and legal terminology for theft crimes. Whether you’re a business person, victim, or suspect, you need to know about these crimes.
In this blog, we explain the most common forms of theft offences in Australia, define them in technical legal language, and determine when one needs assistance from an experienced theft lawyer in Perth or any other region.
Theft is regulated under the law of the territory and state in Australia. Stealing, for example, in Western Australia is addressed by the Criminal Code Act Compilation Act 1913 (WA). Stealing under Section 378 is where a person dishonestly deals with or appropriates property belonging to another to deprive the owner permanently thereof.
Robbery is punishable by a fine or 7 years’ imprisonment at most in severe cases, depending on the severity of the offence and the value of what was stolen.
Shoplifting is the most frequent crime of stealing in Australia. It is the theft of products at a shopping complex without payment. The crime, while on the surface seeming a minor offence, is no joke to the authorities, particularly if it’s a repeat offence or there were gangs involved.
Penalties in WA can involve:
When you have been charged with shoplifting, you must seek professional theft criminal attorneys who will guide you through the system and perhaps lower your charges.
Burglary involves an entry into a building or property with the intent to steal or any other offence (such as criminal damage or assault). Even if nothing is taken, having the intention to commit an offence makes it possible to be convicted of burglary.
Burglary in Western Australia is an offence under the Criminal Code, Section 401, and is punished differently based on whether it was a dwelling or a non-dwelling. Use of force and weapons during burglary will result in a maximum 20-year jail sentence.
Robbery is a more heinous offence compared to normal theft because it is done using force, violence, or threats to steal from an individual. For instance, if a bag is stolen through the use of force or threats, then it becomes robbery and not theft.
Robbery in WA legislation cannot be characterised under Section 392 of the Criminal Code, a term of up to 14 years’ imprisonment, or 20 years if aggravated (e.g., by weapon or gang attack).
In such situations, seeking immediate representation by experienced robbery lawyers in Perth is required to safeguard your rights.
Also known as illegal use of a motor vehicle, it is the stealing of or driving away without authority of another’s motor vehicle. The offence is widespread throughout Australia and also entails joyriding or driving a stolen car to use it in other offences.
In WA, it is addressed by Section 371A of the Criminal Code (WA), and the conviction can involve:
In our technologically advanced age, stealing another person’s financial or personal information for fraud purposes is a common problem. Identity theft means the illegal act of obtaining someone’s information in order to access their bank account, take loans, or purchase goods.
Identity theft in Australia is regulated by the Criminal Code Act 1995 and state laws. The offenders may be sentenced to 10 years in prison based on the severity of the crime.
This is a sophisticated field of law, and obtaining the advice of experienced theft criminal lawyers is highly important if you are being investigated or charged.
Theft crimes in Australia range from petty shoplifting to robbery and forgery. Notwithstanding the diverse description, they are serious. If accused of theft, it is best to engage qualified robbery or theft lawyers with experience in Australian law. For sure legal assistance, call experienced criminal lawyers Perth for a case-specific defence approach.