What Is Theft?

If you have been accused of stealing, it is important to understand what the offence of theft actually involves. Theft is one of the most commonly prosecuted offences in Victoria, ranging from allegations of shoplifting through to the theft of motor vehicles, cash and other valuable property. 

Although many people think theft simply means taking something that does not belong to you, the legal definition is more specific, and the prosecution must prove each element of the offence beyond reasonable doubt.

What Is Theft?

The offence of theft is contained in the Crimes Act 1958 (Vic).

A person commits theft if they dishonestly appropriate property belonging to another person with the intention of permanently depriving the owner of it.

Each part of that definition is important. The prosecution must prove not only that the property was taken, but that it belonged to someone else, that it was taken dishonestly and that there was an intention that the owner would not get it back.

What Does “Dishonestly” Mean?

Dishonesty is one of the essential elements of theft.

In simple terms, the prosecution must prove that the accused acted dishonestly according to the standards of ordinary people and knew that their conduct would be regarded as dishonest.

There are many situations where property changes hands without any dishonest intention. A misunderstanding, mistake or genuine belief that you were entitled to the property may mean the offence of theft cannot be proved.

Whether a person acted dishonestly depends on the facts of each individual case.

What Does “Appropriation” Mean?

Appropriation simply means assuming the rights of the owner.

This can occur by taking property, using it without permission, selling it or otherwise dealing with it as though it were your own.

Importantly, appropriation does not always require physically removing property from a store or a person’s home. The legal concept is much broader than many people realise.

Does the Property Have to Be Worth a Certain Amount?

No.

There is no minimum value for a theft charge.

A person can be charged with theft regardless of whether the property is worth a few dollars or many thousands of dollars. However, the value of the property will often influence how seriously the court views the offending and what sentence is ultimately imposed.

What Does the Prosecution Have to Prove?

Like every criminal offence, theft must be proved beyond reasonable doubt.

The prosecution must establish that the property belonged to another person, that it was appropriated dishonestly and that there was an intention to permanently deprive the owner of it.

Evidence may include CCTV footage, witness statements, receipts, financial records, admissions made during a police interview and other documentary or forensic evidence.

If the prosecution cannot prove each element of the offence, you cannot be found guilty.

Are There Defences to Theft?

Yes.

There are a number of defences that may arise depending on the circumstances.

For example, a person may genuinely believe they owned the property or had a legal right to take it. In other cases, there may be disputes about identity, whether the property was actually taken or whether there was any intention to permanently deprive the owner of it.

Every case should be carefully assessed before deciding whether to plead guilty or contest the charge.

What Are the Penalties for Theft?

The sentence for theft depends on the seriousness of the offending and the personal circumstances of the offender.

When deciding upon the appropriate penalty, the court will consider matters such as the value of the property, the level of planning involved, whether the property was recovered, your criminal history, whether you pleaded guilty and your prospects of rehabilitation.

Depending on the circumstances, the court may impose a fine, a Community Corrections Order or, in more serious cases, a term of imprisonment.

Why Legal Advice Is Important

A theft charge should never be viewed as straightforward simply because property is alleged to have been taken.

Questions often arise about ownership, dishonesty, intention and the strength of the prosecution evidence. Obtaining legal advice early allows those issues to be properly examined before important decisions are made about your case.

Speak to Wilkinson Lawyers

If you have been charged with theft in Victoria, Wilkinson Lawyers can provide experienced legal advice and representation. We regularly act for clients facing theft and dishonesty offences throughout Victoria. We can assess the prosecution evidence, explain your legal options and prepare your case to achieve the best possible outcome, whether by negotiating with the prosecution, resolving the matter by plea or defending the charge at a contested hearing.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.