Stealing and Theft Charges
What To Do When Charged With A Stealing Offence
Stealing is a broad offence in Western Australian criminal law and, if you have been charged, it is important you consult an experienced criminal lawyer to understand:
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The nature of the allegation
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The potential penalties
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The defences available to you
Over the last eight years, Chambers Legal is proud to have represented clients across the state and defend them against stealing charges. Our team understands that these allegations arise from complex circumstances and will approach your matter with care and diligence as they work toward achieving the best possible outcome.
To book a free, 15 minute phone consultation, click here.
What Are Stealing Offences?
Stealing offences are defined under Section 378 of the Criminal Code Act Compilation Act 1913 (WA) as a person fraudulently taking something:
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That belongs to someone else
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Without their consent
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With the intent to permanently deprive them of it
Stealing applies to both physical and intangible property (i.e. money, goods, digital items). Common instances of stealing offences include:
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Shoplifting or theft from a retail store
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Taking money or stock from an employer
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Stealing from a vehicle, home or person
The way the courts approach a stealing charge and potential legal consequences is dependent on three elements: the value of the item, the circumstances surrounding the offence and the alleged intent of the accused.
Penalties for Theft and Stealing Charges
In WA, penalties for stealing depend on the context and severity of the offence as well as the accused’s criminal history and personal circumstances.
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Simple stealing carries a maximum penalty of 7 years’ imprisonment
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Aggravated stealing (such as theft in a dwelling or stealing with threats) carries a maximum of 10 years’ imprisonment
Stealing from an employer (known as stealing as a servant) carries stricter consequences, as the breach of employer-employee trust is considered an aggravating factor by the court. Read more about stealing as a servant and its penalties in WA.
Potential Defences for Theft Charges
Depending on the facts of the case, there are several defences that may be open to someone charged with a stealing offence:
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Claim of Right: The accused genuinely believed they had a legal entitlement to the money/item (even if that belief is mistaken)
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Lack of Intent: The act was accidental, the property was taken with the intention to return it or the accused was not aware they had taken the property
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Consent: The alleged victim gave explicit or implicit permission for the accused to take/use the property
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Duress: The accused was forced or threatened into taking the property
Every situation is different, and the availability of a defence will depend on the specific evidence and circumstances involved. It’s important to seek legal advice early to explore all available options.
How Can a Chambers Legal Help?
If you are facing a stealing charge, a criminal lawyer from Chambers Legal will walk you through the nature of the allegation and whether the prosecution has sufficient evidence to prove it. Depending on the circumstances, we can help you:
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Negotiate for lesser charges
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Advocate for diversion programs or spent conviction outcomes
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Challenge evidence
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Craft a defence, such as mistake, lack of intent or claim of right
Importantly, we recognise the profound stress and hardship of a criminal allegation. To give you the utmost confidence throughout the entire process, our work is guided by values of transparency and integrity. Legal advice is always provided in writing and paired with proper cost notice.
Contact a Lawyer for Stealing and Theft Charges at Chambers Legal
If you have been charged with stealing, Chambers Legal is here to help. Our defence lawyers provide clear advice and reliable representation as they work toward achieving the best possible outcome.
To discuss your circumstances, contact our office or book a free, 15 minute phone consultation.
Please click here to read about your rights when speaking to and being questioned by police.
If you are facing a stealing charge and still have the property/money in your possession, speak with a criminal lawyer before doing anything with it.
Returning the property/paying back the money could suggest that you are admitting it should not have been taken in the first place. That can complicate matters if you intend to defend the charge.
After speaking with a member of our team, you may make the decision to plead guilty to the charge of stealing and return the property/repay the money. This will not negate the charge, but can help reduce your sentence.
As a general rule, stealing means the accused intended to permanently deprive the owner of the property. However, it can also include taking things to use as security.
The broader facts of each case determine how a court interprets the act. If you are facing a criminal charge for theft, speak to a criminal lawyer about the specifics of your case and they will advise you whether or not you have a defence.
Stealing as a servant arises when the accused steals from their employer in the course of their employment. Courts see this offence as a breach of trust and, as such, it carries more significant consequences.
The maximum sentence for stealing as a servant in WA is 10 years’ imprisonment. When sentencing, the court will consider:
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How much money was stolen/what property was stolen
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How many times the stealing occurred
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The period of time over which stealing occurred
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Other factors
Read more about what happens when going to court in WA.