Theft Lawyer Melbourne
If you have been charged with Theft in Melbourne, it is critical to obtain experienced legal advice from a theft lawyer as early as possible. A conviction for theft can have long-term consequences on career prospects as it is commonly referred to as a dishonesty offence.
Understanding Theft Under Section 74
The offence of theft in Victoria is governed by section 74 of the Crimes Act 1958 (Vic). It is one of the most frequently prosecuted criminal offences and can arise in a wide range of situations—from low-level shoplifting to more complex financial or workplace-related conduct.
Under section 73, a person commits theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the owner of it. While this definition may appear straightforward, each part of it has a specific legal meaning. In practice, whether conduct amounts to theft often depends on the surrounding circumstances, including intention, belief, and the nature of the property involved.
Elements of Theft (What Must Be Proven)
To secure a conviction for theft, the prosecution must prove each element beyond reasonable doubt:
Dishonesty
Dishonesty is assessed objectively, based on the standards of ordinary people. However, the accused’s belief is also relevant. If a person genuinely believed they had a legal right to the property, even if mistaken, this may negate dishonesty.
Appropriation
Appropriation involves assuming any of the rights of an owner. This can include taking, using, or dealing with property as if it were your own. Importantly, appropriation can occur even where the property was initially obtained lawfully.
Property
The definition of property is broad and includes money, personal items, vehicles, and intangible assets such as funds in a bank account.
Belonging to Another
Property is considered to belong to another person if they have possession or control of it, or a proprietary interest in it. This means theft can occur even where the legal ownership is complex or shared.
Intention to Permanently Deprive
The accused must have intended to permanently deprive the owner of the property. This includes situations where the property is treated as one’s own to dispose of, regardless of the owner’s rights.
Common Examples of Theft
Theft offences arise in many everyday scenarios, including:
- Shoplifting goods from retail stores
- Taking a wallet, phone, or personal belongings
- Using an employer’s funds or property without authority
- Keeping lost property without making reasonable efforts to return it
- Fraudulent use of bank cards or financial details
Because of the wide scope of the offence, conduct that may seem minor can still result in criminal charges. It is therefore important that you speak to an experienced theft lawyer ASAP.
Penalties for Theft in Victoria
Theft is classified as an indictable offence, although less serious cases are often heard summarily in the Magistrates’ Court.
Maximum Penalty:
- Up to 10 years imprisonment
Sentencing Factors:
When determining the appropriate penalty, the court will consider:
- The value of the property involved
- The level of planning or sophistication
- Whether there was a breach of trust
- The offender’s prior criminal history
- Personal circumstances and rehabilitation prospects
- Whether restitution or compensation has been made
Possible Outcomes:
Depending on the circumstances, sentencing outcomes may include:
- Diversion (for first-time or low-level offending)
- Adjourned undertaking (with or without conviction)
- Fine
- Community Correction Order (CCO)
- Term of imprisonment (in more serious cases)
Early legal advice can significantly improve the likelihood of a more favourable outcome.
Defences to Theft Charges
There are several defences that may apply to a theft charge:
- Claim of Right – A genuine belief that you had a legal entitlement to the property
- Lack of Dishonesty – Your conduct was not dishonest by community standards
- No Intention to Permanently Deprive – You intended to return the property
Each case is unique, and the availability of a defence depends on the specific facts.
Why Legal Advice Is Essential
Being charged with theft can have serious consequences beyond the immediate penalty. A criminal record may impact your employment opportunities, ability to travel, and professional reputation.
Seeking legal advice early allows you to:
- Understand the strength of the prosecution case
- Identify available defences
- Explore diversion or non-conviction outcomes
- Prepare persuasive material for court
- Minimise long-term consequences
An experienced theft lawyer can guide you through the process and advocate for the best possible outcome.
Frequently Asked Questions
Is shoplifting considered theft?
Yes. Shoplifting falls squarely within the definition of theft under section 74.
Can I avoid a criminal conviction?
In some cases, yes. Outcomes such as diversion or non-conviction orders may be available, particularly for first-time offenders.
What if I planned to return the item?
If there was no intention to permanently deprive the owner, this may provide a defence.
Is theft always dealt with in a higher court?
No. Many theft matters are heard in the Magistrates Court, particularly where the offence is less serious.
Speak to a Melbourne Theft Lawyer
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