Stealing as a Servant in WA
In Western Australia, stealing as a servant is defined as the act of stealing from an employer during the course of your employment.
It differs from other stealing charges, involving more complex legal principles and carrying harsher consequences. If you are facing an accusation, it’s important you engage legal representation to gain a clear understanding of what’s at stake.
Click here to discuss your circumstances with a criminal defence lawyer.
What is Stealing as a Servant?
Stealing as a servant applies when an employee unlawfully takes property belonging to their employer during the course of their employment. There are four key elements that must be proven for the prosecution to secure a conviction:
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The accused was employed by the person or company
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The accused took or converted property that was not theirs
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The accused did so dishonestly or fraudulently
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The taking occurred during the course of the accused’s employment
This charge applies to physical items (stock, equipment etc.) and intangible assets (money, data, company secrets etc). In some cases, unauthorised use of a company vehicle has also led to a charge.
Penalties for Stealing as a Servant in WA
Under section 378(7) of the Criminal Code Act Compilation Act 1913, stealing as a servant carries a maximum penalty of 10 years’ imprisonment. For the reasons discussed above, this is considerably higher than standard stealing offences, which typically carry a maximum of 7 years.
Nonetheless, sentencing varies case by case and can depend on:
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The value of the stolen property
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The level of trust breached
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Whether the offending was one off or a pattern
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Whether restitution was made
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The accused’s prior criminal history
In less serious instances, penalties include fines, suspended imprisonment and community based orders.
How Can a Chambers Legal Lawyer Help?
Chambers Legal staffs a team of dedicated criminal defence lawyers experienced in defending theft charges. We’ll work closely with you, clearly explaining the nature of your charges, the potential penalties and any viable avenues for defence.
Additionally, our team will:
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Advise you on whether to plead guilty or not guilty
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Examine whether your conduct truly met the legal definition of “stealing”
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Represent you during police interviews
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Negotiate to reduce the charge
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Put forward mitigating factors and prepare sentencing submissions if required
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Where possible, work toward avoiding criminal conviction altogether
Importantly, we understand the incredible stress and hardship a criminal accusation places on you and those around you. To best support you throughout the entire process, Chambers Legal prides itself on values of transparency and integrity. All legal advice is provided in writing and paired with proper cost notice.
Facing Criminal Charge for Stealing Money From an Employer? Chambers Legal Can Assist
Chambers Legal is proud to have assisted clients across WA with theft charges. Whether the allegation was a one off mistake or part of a more complex situation, we’ll provide clear, practical guidance as we work toward achieving the best possible result.
To discuss your charges with a member of our team, book a free, 15 minute phone consultation.
In short, yes.
Because the offence involves a breach of trust between the accused and their employer, courts generally treat it quite seriously. The penalties can be more severe than standard attempted theft and a conviction could have lasting effects on the accused’s employment prospects.
Possibly.
What matters to the court is whether the prosecution can prove a dishonest intent at the time of the act. Temporary unauthorised use of employer property could meet that threshold.
It depends on the circumstances.
Imprisonment is on the extreme end of the possible penalties for stealing equipment or money from an employer. A convicted person’s sentence will depend on factors like:
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The value of the item
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Whether it was a one of incident
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The accused’s prior record
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Whether the accused entered an early guilty plea
If your employer has accused you of theft, it is important you seek legal advice immediately.
Do not agree to speaking with your employer, HR or the police without consulting a lawyer first. Even informal conversations can be used against you later.
The five most common scenarios that lead to a charge of stealing as a servant are:
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Taking money from a cash register or float
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Taking stock, tools or goods without authorisation
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Using a company card for personal purchases
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Overstating expenses on reimbursements
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Creating fake invoices or redirecting funds
If the property or money is returned at a later data, the initial dishonest intent may still be enough to warrant a charge.