Any individual convicted of stealing in Western Australia will have committed a crime as per the Criminal Code Act 1913. They will also receive punishments that are provided under this specific act. Other than stealing or moving properties.
There are many sections of this Act that define specific actions, deeds and behaviors that indicate a stealing offence. Most people hire a theft crime lawyer to defend themselves in such cases. In this blog, you will learn more about the law in Western Australia and also the punishment for stealing in this part of the country.
As per Section 371(1), a stealing offence is committed when the accused:
A fraudulent act is an activity that provides the base for a stealing offence. Under this Act, any fraudulent conversion happens when the accused converts the property with the desire to do the following:
It is considered immaterial in the court if the accused converted that specific property for conversion. Or if it was under their possession. It also does not matter whether the accused has the power of a lawyer or has the authority to dispose of it.
When you hire a theft lawyer, be aware that if an individual is found guilty of losing property and stealing
Any stealing act is not going to be complete before the individual taking or converting that item moves it or deals with it via some physical activity. This is why suspicion is not enough to convict an individual of stealing. The accuser must prove that the individual changed or looked to change the property.
In the case of stealing, the property is the description of personal or real items; it includes the following:
Any property is considered ‘special’ when there is a claim upon that property. That includes any will, rights, future investments or proceeds on that property. It usually occurs when someone holds possession of that property.
As per the Section 371A, stealing a motor vehicle is considered when:
In Australia, you should also be aware of legal consequences of stealing. There are punishments prescribed for anyone who is found guilty of stealing property or anything that can be stolen. For an indictable offence, the penalty is around seven years imprisonment, while in the case of a summary offence, the penalty is two years imprisonment.
Even when a property is legally in your possession, you might be guilty of a stealing offence if:
Before hiring top criminal defence lawyers, know that If any agent or party gets a commodity, property or other valuable with directions. They can:
The proceeds and the property will belong to the individual who provides the property for exchange. This form of direction will help form a legal debtor or creditor relationship between them. The agent who will acquire the property will be guilty of stealing if they are unable to follow the directions or look to convert the property for themselves.
If any agent or individual receives money or any other properties via any means or on behalf of another individual. The money will be the property of the person on whose behalf it was acquired. There would be exceptions if the money received on terms that will form an item in a:
For an indictable offence, the penalty is around seven years imprisonment, while in the case of a summary offence, the penalty is two years imprisonment.
If you are accused of stealing something and need help to defend your case. You can take the help of top lawyers in your area. Contact Criminal Defence Lawyers Perth to access the best criminal defence lawyers Perth who can help represent you in court and ensure that you learn more about the law before preparing the best defences for you.