Perth Stealing

If you have been charged with a stealing offence, it is in your best interests to contact the professional team at Assurance Legal. Using our expertise, we can help you defend your charge or obtain the most favourable outcome possible in the circumstances.

General stealing offences

• The conduct which can amount to an offence of stealing is wide-ranging and can include
  • Stealing property with intent to permanently deprive: Criminal Code s 371
  • Stealing by conversion (property given to person with consent, then dealt with in ways inconsistent with rights afforded to person)
  • Taking lost property without making reasonable efforts to locate the owner: Criminal Code s 371(5)
• The stealing must include the element of having been done ‘fraudulently’: s 371(1)
• Stealing does not include the unauthorised borrowing of property
  • You must be proven to intend to permanently deprive the owner of their property.
  • NOTE: this does not include money, even if the borrower intended to repay the amount

Driving a vehicle without consent

• If you use, take, or otherwise assume control of a vehicle without the consent of the owner or the person in charge of the vehicle, then it is said that you have stolen the vehicle: Code 371A
• If you’ve been charged with this offence, we may be able to assist you by negotiating the charge with Police, defending you in court, or seeking the best possible sentencing outcome for you.

Stealing as a servant

• If you have been charged with stealing as a servant, under section 378(7) of the Criminal Code, you will be facing a more severe maximum sentence
• As the allegations of stealing involve a breach of the trust of your employer, the maximum sentence for an offence under this section is increased to 10 years’ imprisonment
• To discuss your options and/or how best to reduce the severity of your sentence, make an appointment with Assurance Legal today

Receiving stolen property

• A person who has received property which was known by the person to have been stolen, or otherwise unlawfully obtained, is guilty of an offence under section 414 of the Criminal Code
• Possible defences to this charge include that you were unaware that the property was stolen and had no reasonable ground to assume that the property was unlawfully obtained. It is also possible to argue that the property was obtained lawfully.
• To review your options and to obtain professional legal advice, contact Assurance Legal today. We will work hard to get you the best possible outcome.