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7 Common Criminal Charges for Stealing: From Shoplifting to Robbery

Stealing has a broad legal definition and it’s one of the most frequently prosecuted offences in Western Australia. But that broad definition doesn’t mean all stealing is the same.

Whether it’s a shoplifter in a supermarket or an employee taking money from their business’ cash register, a theft offence can be charged under different sections of the law. That means different courts, different legal principles and, importantly, different penalties.

In this article, we explore the most common types of stealing offences in WA, how they are defined in the Criminal Code and what consequences they carry. We’ll also explain how defence lawyers at Chambers Legal can ensure your case is fairly classified and help you craft a viable defence.

Click here to book a free, 15 minute phone consultation with an experienced theft lawyer.

What is “Stealing” Under WA Law?

Stealing is defined in section 371 of the Criminal Code Act Compilation Act 1913 (WA) as a person fraudulently taking something capable of being stolen, with the intent to permanently deprive the owner of it.

This definition is broad and basic and it can apply in a wide range of circumstances. That’s why stealing offences are often classified into sub-charges dependent on the context of the act and whether any aggravating factors were present. Here are 7 common types of stealing in WA:

1. Shoplifting and Retail Theft

Shoplifting refers to stealing items from a retail store, such as a supermarket or corner shop. This might seem minor, but it is still considered criminal theft and can carry serious penalties (particularly for repeat offenders).

Typically, charges will be laid under general stealing provisions and heard in the Magistrates Court. However, should the offence involve violence, threats or weapons, shoplifting could be classified more seriously as robbery.

2. Stealing as a Servant (Employee-Employer Theft)

This offence occurs when an employee steals from their employer during the course of their employment. It can be money from a cash register, a misuse of company accounts or other tangible or intangible items.

This is seen as more serious than ordinary theft as the breach of employee-employer trust is considered an aggravating factor. The WA Criminal Code prescribes a maximum penalty of 10 years’ imprisonment, even for a first time offender.

Read more about stealing as a servant in WA.

3. Motor Vehicle Theft

Due to the nature and value of the property in question, stealing a car, motorcycle or other motorised vehicle is a specific offence in Western Australia. This type of theft often involves associated charges like:

  • Driving without the owner’s consent

  • Dangerous driving or evading police

  • Criminal damage

Motor vehicle theft often attracts significant penalties and will likely be heard in the District Court, depending on circumstances.

4. Burglary (Stealing with Unlawful Entry)

Burglary occurs when a person unlawfully enters a building with the intent to commit an offence. Often, that offence is stealing.

There are two main types of burglary, the first being standard burglary which carries up to 14 years’ imprisonment. The second, aggravated burglary, applies when aggravating circumstances are involved (violence, occupants present etc.) and carries a maximum sentence of 20 years’ imprisonment.

Burglary charges involve complex legal evidence and, if you have been charged with an offence, it is critical you seek legal representation as soon as possible.

5. Robbery (Stealing with Violence or Threats)

Robbery is one of the more serious forms of stealing, involving the use (or threat) of force before or during a theft to obtain the item or escape with it.

6. Stealing by Finding

If an accused person finds lost property and intends to keep it, knowing or believing they could reasonably return it to the owner, this is considered stealing by finding.

Examples include:

  • Keeping a lost wallet (containing photo ID) without trying to return it

  • Taking cash from an ATM left behind by someone else

It may seem trivial, but this offence is prosecutable under the WA Criminal Code and can carry a prison sentence depending on the value of the item.

7. Stealing from a Person or Dwelling

There are two categories to this offence:

  • Stealing from someone directly (i.e. pickpocketing)

  • Stealing items from a home without unlawful entry (therefore not qualifying as burglary)

Why Classifications Matter

The classification of a stealing charge isn’t just about the name, it can also influence:

  • Which court hears the matter

  • What the maximum penalty is and whether imprisonment is likely

  • What defences are available

  • Whether a charge can be downgraded or diverted

At Chambers Legal, we staff a team of lawyers with a strong track record of securing fair classifications and valuations for theft cases. They will assess the circumstances of your charge and explain all options with clarity.

If you have been charged with an offence, contact us as soon as possible.

Contact Chambers Legal for Help with Any Theft Charge

Chambers Legal represents clients across Western Australia as they face all forms of stealing and theft offences. Our lawyers can assess whether the charge is appropriate, negotiate downgraded sentences where possible and defend your rights throughout the entire process.

Recognising the stress and seriousness of facing a charge, we pride ourselves on working with transparency and integrity. All legal advice is tailored, practical and provided in writing and paired with proper cost notice.

Click here to book a free, 15 minute phone consultation with an experienced theft lawyer.

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