STEALING

In Queensland, stealing is defined under section 391 of the Criminal Code Act 1899 (Qld). A person commits stealing if they fraudulently take or convert property belonging to someone else with the intent to permanently deprive the owner of it.

Examples include shoplifting, taking money or goods without consent, or using someone else’s property as your own. Even seemingly minor acts are treated seriously by the courts and can result in a criminal conviction.

Under section 391 of the Criminal Code Act 1899 (Qld), the maximum penalty for stealing is 5 years’ imprisonment. 

However, penalties can be much higher in aggravated cases — up to 10 or 14 years — for example where:

- A motor vehicle is stolen.

- The offence involves violence or threats.

- The offender steals from their employer.

For more common situations such as shoplifting, taking cash or personal items, or stealing from a workplace, courts may impose penalties ranging from fines, restitution, probation, or community service through to imprisonment, depending on the seriousness of the offence and any prior history.

Even “minor” stealing charges can leave you with a criminal record that impacts employment, travel, and reputation — making early legal advice essential.

To secure a conviction for stealing under section 391 of the Criminal Code Act 1899 (Qld), the prosecution must prove each of the following beyond reasonable doubt:

- Property capable of being stolen – the item must be something that can be owned and taken (e.g. money, goods, vehicles, personal items).

- Ownership – the property belonged to someone else.

- Taking without consent – the accused took or dealt with the property without the owner’s permission.

- Fraudulent intent – the accused acted dishonestly, intending to permanently deprive the owner of the property (for example, keeping it, selling it, or using it as their own).

If the prosecution fails to prove even one of these elements, the charge of stealing cannot be made out.

Police must prove both the act of taking and the dishonest intent. This is where many cases turn — and where a strong legal defence can make a real difference.

If you are charged with stealing under section 391 of the Criminal Code Act 1899 (Qld), there are several legal defences that may apply. 

Common examples include:

Lack of intent – you did not intend to permanently deprive the owner of the property.

Claim of right – you honestly believed you had a legal right to the property.

Consent – the owner gave you permission to take or use the property.

Mistaken identity or insufficient evidence – the prosecution cannot prove beyond reasonable doubt that you were the person who committed the offence.

A charge of stealing does not automatically mean a conviction. With the right defence strategy, it may be possible to have the charge reduced or dismissed.

A conviction for stealing under section 391 of the Criminal Code Act 1899 (Qld) can have serious and lasting effects:

- Criminal record – even for a first offence, a conviction will appear on your record and can affect employment, professional licences, and background checks.

- Travel restrictions – some countries, including the USA and Canada, may refuse entry to people with dishonesty convictions.

- Employment consequences – jobs in government, finance, security, and childcare often require a clean record; a dishonesty offence can disqualify you.

- Court‑imposed penalties – depending on the case, penalties may include fines, restitution, probation, community service, or imprisonment.

- Reputation and relationships – being convicted of a dishonesty offence can cause stigma, loss of trust, and damage to personal and professional relationships.

The impact of a stealing conviction goes far beyond the courtroom. It can affect your freedom, career, and future opportunities for years to come — which is why getting legal advice early is critical.

Being charged with stealing in Queensland is stressful and can have lasting consequences. At Coral Coast Law, we act quickly to protect your rights and guide you through the process. We can:

- Explain the charge – so you understand exactly what police must prove under section 391 of the Criminal Code Act 1899 (Qld).

- Assess the evidence – identifying weaknesses in the prosecution’s case and exploring whether the charge can be reduced or dismissed.

- Advise on defences – such as lack of intent, consent, or claim of right.

- Negotiate outcomes – including reduced charges or alternative penalties where appropriate.

- Represent you in court – providing strong advocacy to achieve the best possible result.

A stealing charge does not have to define your future. With the right legal advice, you may be able to reduce the impact or avoid a conviction altogether.