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THEFT & DISHONESTY OFFENCES

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THEFT & HANDLING STOLEN GOODS

Theft-related offences involve dishonestly taking or dealing with property that belongs to another person.  The two main offences are the offence of Theft under section 74 and Handling Stolen Goods under section 88(1) of the Crimes Act 1958 (Vic).

These offences range from minor theft, such as shoplifting, to more serious offences like handling large amounts of stolen property. Theft of Motor Vehicles are treated differently (see below)  If the value of the property exceeds $100,000 then the matter must be heard in the County Court, otherwise these offences are typically heard in the Magistrates’ Court.

PROOF, PENALTIES & DEFENCES.

Theft.

The prosecutor has to prove that you:

  • Dishonestly took property belonging to another person;
  • You intended to permanently deprive the owner of the property. Where the property is a motor vehicle, this element of the offence is presumed.

Defences:

  • You believed you had a right to take the property;
  • The property was not taken dishonestly;
  • You intended to return the property.

Penalties: Maximum 10 years jail. If the property is a motor vehicle the Court can add a period of licence disqualification.

Handling Stolen goods.

The prosecutor has to prove that:

  • You knew or believed that the goods were stolen;
  • You received, retained, removed, disposed of, or assisted in dealing with the goods.

Defences:

  • The goods were not stolen;
  • You did not know the goods were stolen;
  • You acted without dishonesty.

Penalties: Maximum 15 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

Theft / Withdrawn

Case: Mistaken identity for theft of items from a vehicle. Our client was a middle aged blonde lady who was charged...

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