Theft (and receiving)

It is an offence to deal with property dishonesty and without the owner’s consent. There must also be an intention either to deprive the owner permanently of the property, or to make a serious encroachment on the owner’s proprietary rights.

It is also an offence to receive stolen property from another.

It is also theft to misuse your position to lawfully obtain property. For example, taking property from your workplace.

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Maximum penalty:

Basic offence: imprisonment for 10 years.

Aggravated offence: imprisonment for 15 years.

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Unlawful Possession of Personal Property

It is an offence to have goods in your possession which police reasonably suspect have been unlawfully obtained.

It is a defence to prove, on the balance of probabilities, that you took possession of the property honestly.

Unlawful possession is generally charged when a person has suspected stolen goods in their possession but the prosecution are unable to establish that they are responsible for the theft itself.

 

Maximum penalty: 2 years imprisonment or $10,000.

 

Deception

Deception is an offence that can be done by words or conduct. It is a misrepresentation:

• About a past, present or future fact or state of affairs; or

• About yours or others’ intentions; or

• Of the law.

It is an offence to intentionally deceive someone to dishonestly benefit yourself or another person, or to cause a detriment to someone.

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Maximum penalty

Basic offence: imprisonment for 10 years.

Aggravated offence: imprisonment for 15 years.

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There are potential defences to dishonesty offences. Please contact us for more information.