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Theft

Facing a Theft Charge in Adelaide?

What the Offence Is

Theft, also referred to as stealing, is a criminal offence under Section 134 of the Criminal Law Consolidation Act 1935 (SA). It involves dishonestly taking property belonging to another person with the intent of permanently depriving them of it. The law applies to both physical items and intangible property, such as funds in a bank account.

Theft can take many forms, including:

  • Shoplifting – Taking goods from a store without paying.
  • Employee Theft – Stealing from an employer.
  • Theft by Finding – Keeping lost property when reasonable steps to return it have not been taken.
  • Theft of Services – Obtaining services without paying, such as dining and leaving without paying (known as "dine and dash").

Why you Need Legal Advice

Theft is a serious offence in South Australia, and penalties can be severe. If you are facing a theft charge, it is crucial to seek legal advice as soon as possible to understand your rights and potential defences.

Contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minute, no-obligation consultation to discuss your case and advise you on your legal options.

Helpful Questions & Answers

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What the Prosecution Needs to Prove

To secure a conviction for theft, the prosecution mustestablish the following elements beyond a reasonable doubt:

  1. Dishonesty – The accused must have acted dishonestly. Dishonesty is assessed by considering whether an ordinary person would regard the conduct as dishonest, and whether the accused was aware that others would see it as dishonest.
  2. Appropriation – The accused must have assumed the rights of the owner, such as taking, using, or selling the item.
  3. Property – The property in question must be tangible or intangible property that is legally recognised.
  4. Belonging to Another – The item must belong to someone other than the accused.
  5. Intention to Permanently Deprive – The accused must have intended to permanently keep the property or use it in a way that the owner is unlikely to recover it.

If all these elements are proven, the accused may be foundguilty of theft.

The Relevant Court

The court that deals with a theft charge depends on the severity of the offence:

  • Minor cases (e.g., shoplifting under $2,500) are usually handled by the Magistrates Court as summary offences under Section 5 of the Criminal Procedure Act 1921 (SA).
  • More serious cases (e.g., theft involving a large sum of money or repeat offending) may be dealt with as a minor indictable offence in the District Court.
  • Major indictable theft offences, particularly those involving large sums of money or organised crime, may be prosecuted in the Supreme Court of South Australia.
What Defences Are Available?

Several legal defences may be available to a person charged with theft:

  1. Lack of Dishonesty – If the accused genuinely believed they had a right to the property, they may not be guilty of theft.
  2. Mistaken Belief – If the accused mistakenly believed the owner had given permission or that they were entitled to the property, this could be a defence.
  3. Intention to Return – If the accused only intended to borrow the property and return it, they may not be guilty of theft. However, this depends on the circumstances.
  4. Duress – If the accused was forced to commit theft due to threats or coercion,  this may be a valid defence.
  5. Intoxication – In rare cases, intoxication may be a defence if it prevented the accused from forming the intent to permanently deprive the owner of the property.
What Are the Specific Maximum Penalties for the Offence?

The penalties for theft vary depending on the circumstances of the offence:

  • Basic Theft – The maximum penalty is 10 years imprisonment under Section 134(1) of the Criminal Law Consolidation Act 1935 (SA).
  • Theft Using Deception – If theft is committed through deception (e.g., fraud), the penalty can be up to 15 years imprisonment under Section 139 of the Criminal Law Consolidation Act 1935 (SA).
  • Aggravated Theft – If the theft involves aggravating circumstances (e.g., theft from a vulnerable person or theft by an employee from an employer), the penalty may be higher.

For summary offences (e.g., theft of property under $2,500), the maximum penalty is 2 years imprisonment or a fine.

The court considers factors such as the value of the stolen property, the offender’s criminal history, and whether restitution has been made when determining the penalty.

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Combined Years Of Experience

Rich and Amra have gone above and beyond to get me the best possible outcome for my case. Sentenced to 6 years 6 months, they never gave up which seen me home in 1 year. I can’t thank them both enough for everything they have done for me and my case. Great down to earth people as well which makes dealing with them easy and pleasant.
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