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Stealing property offenses in Australia involve unlawfully taking someone else’s property with the intent to permanently deprive the owner of it. These offenses can range from petty theft, such as shoplifting, to more serious crimes like burglary or armed robbery. The penalties for stealing vary depending on the value of the stolen property, the circumstances of the theft, and any prior criminal record. Consequences can include fines, community service, restitution to the victim, and imprisonment.
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Offences
Larceny
It is an offence under section 117 of the Crimes Act 1900 to steal property that lawfully belonged to someone else.
The offence of larceny carries a maximum penalty of five years imprisonment. If the matter is finalised in the Local Court, the maximum penalty in the local court is 2 years imprisonment.
To be found guilty of this offence, the prosecution must prove each of the following beyond a reasonable doubt:
- that you took property belonging to another person; and
- you did so without the owner’s consent; and
- You did so with the intention of permanently depriving the owner of it.
There are several defences available to a larceny charge. (no intention to deprive, claim of right)
If you have been charged with an offence of larceny, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to defending your rights and achieving the best outcome for you.
Enquire TodayObtain Financial Advantage by Deception
It is an offence pursuant to section 192E of the Crimes Act 1900 to obtain property belonging to another, or obtain a financial advantage or cause any financial disadvantage by deception.
To be found guilty of this offence, the prosecution must prove each of the following beyond a reasonable doubt:
- That you by deception;
- Obtained a financial advantage, or
- Cause a financial disadvantage, or
- Obtained property belonging to another the obtaining of the property, advantage or disadvantage was dishonest
Defences
- That the offence was committed under duress;
- That you were not dishonest;
- That there was no deception;
- That you did not obtain any advantage or cause any disadvantage
If you have been charged with an offence of fraud, call our criminal law specialists on 0413 478 367 to arrange a free consultation today. We are experienced criminal lawyers dedicated to defending your rights and achieving the best outcome for you.
Enquire TodayDestroy Damage Property
Destroy damage property
It is an offence to destroy or damage property pursuant to section 195 of the Crimes Act 1900
The police must prove beyond a reasonable doubt that you
- Destroyed or damaged property;
- Belonging to another person; and
- That you intended to destroy or damage the property or you were reckless as to whether your actions would cause the property to be damaged or destroyed
- Defences
- Duress
- Self defence
- Necessity
Maximum penalty:
| Relevant section | Offence | Maximum Penalty |
| S 195(1)(a) | Intentionally or recklessly destroy or damage property | 5 years imprisonment |
| S 195(1)(b) | Intentionally or recklessly destroy or damage property using fire or explosives10 | 10 years imprisonment |
| S 195(1A)(a) | Intentionally or recklessly destroy or damage property in company (with another person) | 6 years imprisonment |
| S 195(1A)(b) | Intentionally or recklessly destroy or damage property using fire or explosives in company (with another person) | 11 years imprisonment |
| S 195(2)(a) | Intentionally or recklessly destroy or damage property during a public disorder (such as a riot). | 7 years imprisonment |
| S 195(2)(b) | Intentionally or recklessly destroy or damage property using fire or explosives during a public disorder. | 12 years imprisonment |
If you have been charged with an offence of destroying or damaging property, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
Why Choose Tang Criminal Lawyers
Dedication
We apply ourselves diligently to each and every case, there is no case too small or too big for us to defend.
Trust
We are known for our highly skilled knowledge and expertise in criminal and traffic law.
Results
We are expert criminal defence lawyers and you can count on us to always deliver.
Care
We exercise care and diligence over each and every case and we will stop at nothing to achieve the best outcome for you.
We’re dedicated to achieving the best results possible.
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