Stealing as a Crime in Qld

An individual found guilty of the offense of stealing can receive significant penalties including community service, fines and even imprisonment.

In this article your rights and possible charges regarding the offence of stealing will be outlined.

The crime of stealing is administered by the Criminal Code Act 1899 and is defined as taking something from another individual without their consent with no intention of returning said object.

The Act states that anyone who steals something capable of being stolen has committed an offence and is liable to punishment.

Be referred to the best criminal lawyers on the Sunshine Coast for bail issues

What the Prosecution Must Prove:

In order for an individual to be charged with stealing before the court, the prosecution must prove that:

1. The item was capable of being stolen.
2. The item was obtained fraudulently.
3. The owner of the item did not give consent to the defendant to take item.
4. The owner is a human being.

Possible Defences to Stealing

Hypothetical defences of a stealing charge may include:

• The item was not capable of being stolen.
• The item was obtained fairly.
• The owner was aware/consented to the taking.
• The item was not under the ownership of anyone at the time of the accused stealing.
• The defendant mistook the property as their own.

What the Legislation says:

Section 391 of the Criminal code defines the offence of stealing as:

(1) A person who fraudulently takes anything capable of being stolen, or fraudulently converts to the person’s own use or to the use of any other person anything capable of being stolen, is said to steal that thing.

(2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if the person does so with any of the following intents, that is to say—

1. an intent to permanently deprive the owner of the thing of it;

2. an intent to permanently deprive any person who has any special property in the thing of such property;

3. an intent to use the thing as a pledge or security;

4. an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;

5. an intent to deal with it in such a manner that it cannot be returned in the condition in    which it was at the time of the taking or conversion;

6. in the case of money—an intent to use it at the will of the person who takes or converts it, although the person may intend to afterwards repay the amount to the owner.

Stealing – Penalty

The maximum sentence for stealing is generally 5 years imprisonment. However, specific factors in the details of the offence can lead to a lengthier sentence. These factors include (but are not limited to):

• The property was stolen with threat of violence.
• The property was stolen from a dwelling and exceeds the value of $1000 or more.
• The property was worth $5000 or more.
• The property was taken from a vehicle.
• The property taken was a firearm of any kind

Such factors can lead to the maximum sentence being risen to 10 years imprisonment.

Stealing – Fraud

As previously stated, an element that is required to be proven to justify a stealing charge is fraud or fraudulent behaviours. According to section 391 of the Criminal Code Act 1899 stealing is done so fraudulently when an intent is evident to:

• Permanently deprive the owner of the property
• Use the property as pledge or security
• Take the property with intent to return it only if the owner completes a task which they may not be able to perform
• In the case the property is money, take it with intent to use it at the will of the person that takes it, regardless of whether there is intention to return or repay the amount.
• Take the property with intent to change/convert it in a way that it cannot be returned in the same condition in which it was taken.

How to Prevent Being Targeted

If you have been the victim of a stealing offence, it is in no way your fault! However, certain behaviours may prevent thieves from attempting to steal from you.

As a Shop/Business

• Install security cameras
• Install an intruder alarm
• Have at least 2 employees working at any one time (where possible)
• Keep a low balance in the cash till
• Encourage authorities to stop by your business

As an individual

• Carry low amounts of cash
• Avoid carrying valuable items
• If you must carry valuables, keep them on your person (not in a bag)
• Try to walk in crowded areas
• Invest in a home security system

 Consent

Another element required in convicting an individual of stealing is the owner did not consent to the object being taken. As defined by section 348 of the Criminal Code Act 1899, consent means consent to freely and voluntarily given by a person with the cognitive capacity to give the consent.

Consent is considered to not be “freely and voluntarily” given if it is given by:

• force
• threat or intimidation
• fear of bodily harm
• exercise of authority
• false circumstances

Conclusion

Stealing is a serious offence, so it is important you are aware of the elements and liabilities associated with it. If you are found guilty in the court of law, it will appear on your criminal record so it is important you seek legal aid if accused.

Be referred to the best criminal lawyers on the Sunshine Coast for bail issues