Have you been Charged with Theft?
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What does it mean to be charged with Theft?
Being charged with theft under Section 74 of the Crimes Act 1958 (“CA”) means that an individual is accused of dishonestly taking property that belongs to someone else, with the intent to permanently deprive the owner of it.
What must the prosecution prove?
- You took or assumed control over property that belongs to someone else;
- You intended to permanently deprive the owner of that property; and
- You acted dishonestly in doing so (Crimes Act 1958, s72).
What does Dishonesty mean?
Under the CA, a person acts “dishonestly” if they take property without a belief that they have a legal right to do so. The key test for dishonesty is whether the individual genuinely believed they had a lawful claim or entitlement to the property. This is assessed subjectively based on the state of mind at the time of the act.
For theft and similar offenses, dishonesty typically involves the absence of a valid belief that:
- You had a legal right to the property; or
- The owner would have consented if they knew about the taking.
Penalties for Theft:
Theft is considered a serious indictable offence, and if convicted, the individual may face up to 10 years imprisonment, which is classified as a level 5 offence.
Where Will My Case Be Heard?
A charge of Theft will be heard in the Magistrates Court. However, depending on the severity, it may also be heard in the County or Supreme Court of Victoria.
Factors and Defences to Consider:
- Did you have consent to take the property or interfere with another person’s property?
- Can the object you took be defined as property?
- Did the property belong to someone other than yourself?
- Was your intent to deprive that person permanently?
- Do you have any legal claim to the property you took?
- Did you act alone or with someone else?
- Do you have any previous convictions of a similar nature?
- What were the surrounding circumstances of your offence?
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What happens next?
If you have been charged with theft, it is crucial to seek expert legal advice without delay. The professionals at MK Law specialise in theft-related offences and are committed to providing the best possible support for your case. With extensive experience in navigating complex criminal matters, MK Law will guide you through every step of the legal process, including attending police interviews, preparing for court appearances, and explaining potential outcomes and strategies.
You’ll be asked to provide all relevant information, documents, and any evidence to ensure that a strong defence is built on your behalf. With MK Law’s personalised approach, you’ll receive practical, clear advice aimed at achieving the best possible outcome for your unique situation. Call 1800 130 120 today to receive confidential, expert support that will help you confidently navigate this challenging time.
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- marcus@mklawfirm.com.au