A stealing charge, including shoplifting, is a criminal offence that can affect your work and travel. Whether you meant to keep the property, and what you believed, are often the real questions. Talk to Joseph Rahim before court.
Free, confidential first consultation. No obligation.
Stealing is an offence under the Criminal Code Act 1899 (Qld). The prosecution has to prove each of these.
An honest claim of right can be a defence to property offences: if you honestly believed you were legally entitled to the property itself, and had no intention to defraud. The belief does not have to be reasonable, and the prosecution has to disprove it.
Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Stealing needs a fraudulent intention. Forgetting to pay, or taking something by mistake, raises different questions from deliberately taking it.
Courts can order compensation or restitution to the person who lost property. Those orders can be referred to SPER for collection.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Yes. It is usually charged as stealing.
Stealing needs a fraudulent intention. What you intended, and what the evidence shows, matter.
Whether a conviction is recorded is a decision for the court, which looks at the offence, your history and your circumstances.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
