What Is The Punishment For Stealing?

March 2, 2023    criminaldefencelawyersperthwa
What Is The Punishment For Stealing?

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.

What Is Considered As Stealing?

As per Section 371(1), a stealing offence is committed when the accused:

  • Takes anything that can be stolen in a deceiving manner.
  • Fraudulently converts that thing for a specific use or other things.

What Is A Fraudulent Act?

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:

  • To permanently take away a thing or part of the thing from the owner.
  • To use the item as a pledge or security.
  • To deprive the individual who has a unique property in that thing.
  • To part with the item in a way that it becomes useless to the receiver.
  • To deal with it in a way that it cannot be successfully returned or useful when it is retrieved back.
  • To use the money at own will and discretion even after giving it back to the owner..

Stealing Or Attempted Conversions

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.

Lost/Found Properties And Stealing Offences

When you hire a theft lawyer, be aware that if an individual is found guilty of losing property and stealing .There will be no conviction if these conditions are met:

  • The accused did not know about the owner.
  • There are beliefs on reasonable grounds that the owner cannot be found.

When Will A Stealing Offence Be Irrefutable Or Complete?

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.

What Is A Property Or An Item In Any Stealing Offences?

In the case of stealing, the property is the description of personal or real items; it includes the following:

  • Debts.
  • Money.
  • Bank credits.
  • Legacies.
  • Deeds that relate or provide evidence of the rights or title to any property.
  • Properties for which the original item or asset is exchanged.

What Is Considered To Be A Special Property?

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.

Vehicle Theft And Stealing

As per the Section 371A, stealing a motor vehicle is considered when:

  • There is the use of another motor vehicle.
  • When someone takes the motor vehicle to use it.
  • When an individual takes control or drives the vehicle without the owner’s permission.

What Are Some Penalties For Stealing?

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.

Legal Stealing Offences:

Even when a property is legally in your possession, you might be guilty of a stealing offence if:

  • The time was less than its worth.
  • There was a purchase of stolen goods.
  • The seller was tricked into selling with the help of improper or fake measures.

Stealing Offences In Sale Proceeds

Before hiring top criminal defence lawyers, know that If any agent or party gets a commodity, property or other valuable with directions. They can:

  • Sell it
  • Exchange it
  • Dispose of it

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.

Stealing Offences In Money Or Property Received From Another

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:

  • Creditor or debtor account.
  • The relation of the debtor or creditor will only be there between parties with respect to it.

What Are Some Penalties For Stealing?

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.

Associate With Criminal Defence Lawyers Perth

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.

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