Theft offences that our experienced criminal lawyers can provide defence representation for
Stealing (theft) charges
The Queensland Criminal Code provides for a wide range of stealing offences, however broadly speaking, stealing is the act of fraudulently taking anything capable of being stolen or fraudulently converting anything capable of being stolen. This occurs when the act is done with:
- an intent to permanently deprive the owner of the thing – i.e. to take it and never return it;
- an intent to permanently deprive any person who has any special property in the thing of such property;
- an intent to use the thing as a pledge or security – i.e. to offer it up as security for a pawnbroker loan;
- an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;
- an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion; or
- in the case of money – an intent to use it at the will of the person who takes or converts it, although the person may intend to repay the amount to the owner.
Possible defence strategies for stealing in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of a stealing offence.
- Examine whether you have any defences available to you, such as honest claim of right, consent or mistaken belief of consent of the owner, abandoned property, or that the thing is not capable of being stolen.
Shoplifting charges
Shoplifting could either be charged as a stealing or as a regulatory offence called Unauthorised dealing with shop goods (also known as UTAG).
Possible defence strategies for Shoplifting in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of Shoplifting.
Burglary charges
Broadly speaking, the offence of burglary can be made out where a person enters the dwelling of another and at the time of the entry, had the intent to commit a serious (indictable) offence in the dwelling, or commits an indictable offence in the dwelling.
Possible defence strategies for Burglary in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- What evidence is there that you had the intent to commit an indictable offence in the dwelling? Could you have had the intent to commit an offence that was not an indictable offence?
- Examine the conduct otherwise to ensure it meets the requirements of burglary.
Aggravated burglary charges
Broadly speaking, the offence of burglary can be made out where a person enters the dwelling of another with intent to commit an indictable offence in the dwelling, or commits an indictable offence in the dwelling.
Circumstances which may aggravate or make the charge more serious include:
- if the entry to the dwelling occurs via break;
- if the offence is committed in the night;
- if the offender uses or threatens to use violence;
- if the offender pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance;
- if the offender is in company with other persons;
- if the offender damages or threatens or attempts to damage any property.
Possible defence strategies for Aggravated Burglary in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of aggravated burglary.
Identity theft charges
Identity theft falls under the offence of Obtaining or dealing with identification information in the Queensland Criminal Code.
It is an offence to obtain or deal with another person’s identification information for the purpose of committing or facilitating the commission of an indictable offence.
Possible defence strategies for Obtaining or dealing in identification information in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of identity theft.
Wage theft charges
The failure to pay an employee or other person on behalf of an employee an amount payable in relation to the performance of work by an employee falls under the definition of stealing provided by the Criminal Code (Qld). This non-payment of an amount payable to an employee for performance of work is colloquially referred to as ‘wage theft’.
Possible defence strategies for Wage theft in Brisbane, Gold Coast & QLD
Is there sufficient evidence to prove you committed the offence?
Examine the conduct to ensure it meets the requirements of wage theft.
Stealing money from work charges
Stealing by clerks and servants is the offence related to stealing money from your employer.
Possible defence strategies for Stealing by clerks and servants in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of Stealing?
Tainted property charges
Broadly speaking, tainted property is anything which has been obtained by way of an act constituting an indictable offence, for which a person does not possess lawful title. This includes circumstances in which the property has been:
- converted into other property; or
- mortgaged, pledged, or exchanged for other property.
It is an offence under the Criminal Code (Qld) to receive tainted property if there is reason to believe it is, in fact, tainted property.
Circumstances which may aggravate or make the charge more serious include if the offender:
- was a participant in a criminal organisation; and
- knew, or ought to reasonably have known, the offence was being committed at the direction of, in association with people who were participants in, or for the benefit of, a criminal organisation.
Possible defence strategies for Receiving tainted property in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of an offence involving tainted property.
- Examine whether you have any defences available to you, such as a reason to believe property received was not tainted property.
Breaking and entering charges
The Queensland Criminal Code provides an extensive definition for the acts of breaking and/or entering.
Broadly speaking the definitions are where a person is said to:
- Break the dwelling or premises – whereby a person breaks any part, whether external or internal, of a dwelling or any premises, or opens, by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing, intended to close or cover an opening in a dwelling or any premises, or an opening giving passage from one part of a dwelling or any premises to another;
- Enter the dwelling or premises – as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling or premises.
For the purposes of the charge, any person who obtains entrance into a dwelling or premises by means of any threat or artifice used for that purpose, or by collusion with any person in the dwelling or premises, or who enters any chimney or other aperture of the dwelling or premises permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the dwelling or premises.
A premises can include a building or structure or part thereof other than a dwelling; a tent, caravan, or vehicle; or any similar place.
Possible defence strategies for Break and enter in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of breaking and entering.
Enter premises & commit indictable offence charges
Broadly speaking, any person who enters or is in any premises with intent to commit, or in fact commits, an indictable offence in the premises commits a crime.
It is a circumstance of aggravation if the entry into the premises is gained by way of break and enter.
Possible defence strategies for Enter premises and commit indictable offence in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of Entering or being in premises and committing indictable offences.
Extortion charges
Extortion occurs where a person (demander), without reasonable cause, makes a demand with intent to obtain a benefit for any person (whether or not the demander), or cause detriment to any person other than the demander. It also includes circumstances where a demander makes a threat to cause detriment to any person other than the demander.
There are a number of circumstances which may aggravate the charge, including threats to cause serious personal injury, substantial economic loss in an industrial or commercial activity, or demands or threats made in connection to criminal organisations.
Possible defence strategies for Extortion in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of Extortion.
Hacking charges
While there is no offence for hacking, per se, the offence of Misuse of restricted computer would likely cover such activity.
Such an offence would occur where a person uses a restricted computer without the consent of the controller (being the person with the right to control the computers use).
A restricted computer is defined by the Criminal Code (Qld) as a computer for which:
- a device, code or particular sequence of electronic impulses is necessary in order to gain access to or to use the computer; and
- the controller withholds or restricts, or takes steps to withhold or restrict access to the computer or relevant ways of access to the computer – whether by code or sequence.
It is a circumstance of aggravation to:
- cause or intend to cause detriment or damage;
- gain or intent to gain a benefit;
- intend to commit an indictable offence.
Possible defence strategies for Computer hacking and misuse in Brisbane, Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of misuse of restricted computer.
- Examine whether you have any defences available to you, such as that the use of the restricted computer was authorised, justified or excused by law.
All other theft offences
Whilst it is not practical to examine every single type of offence, rest assured, we have experience in all areas of stealing and theft offences in both the Queensland and Commonwealth jurisdictions, and the strategies needed to achieve the best possible outcome for your case.
Why choose criminal defence lawyers at Donnelly Law Group?
Extensive experience handling theft offence cases across Brisbane, Gold Coast & Regional Queensland
We have many years of experience across all courts dealing with stealing and theft offences from simple to the most complex.
Local expertise
We know all local magistrates, judges and prosecutors and will work with you to achieve the best possible outcome.
Personalised approach for all sex offences to help achieve the best outcome for our clients
We realise that there is so much more to your matter than the brief of evidence or what police say you did. We take a personalised approach and learn about you and your background to tailor the legal strategy to you.
Book An Appointment.
Our legal strategy for theft offences across Brisbane & Gold Coast (QLD)
At Donnelly Law Group, we provide expert legal guidance for any person charged with theft offences across Brisbane & Gold Coast. Whether you have been charged with a minor shoplifting offence or a major offence like armed robbery, contact us for legal advice and dedicated support.
Initial consultation
The initial consultation is your first step in understanding the charges against you, our lawyers will provide you with legal advice and explain your legal options.
Case assessment
Our lawyers will analyse the police allegations against you, we will review evidence provided by the prosecution and determine whether it is strong enough to support the charges against you.
Developing a defence strategy
After assessing your case and reviewing evidence, our criminal lawyers will craft a defence strategy aiming for the best possible outcome.
Court representation
At Donnelly Law Group our lawyers are dedicated, experienced and skilled, our team will challenge evidence in court and present strong legal arguments advocating on your behalf. We will always push for reduced penalties, a lesser charge or a complete dismissal of all charges.
FAQs.
What should I do if the police want to speak to me about a theft offence?
If the Queensland Police want to speak to you about a theft, stealing or burglary offence, you only have to give them your name, date of birth and contact details. If they arrest you or serve you with a notice, you may also have to provide identifying particulars such as your fingerprints.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Do I need a theft lawyer?
Having defended and witnessed hundreds of theft matters in Queensland, it is apparent that defendants achieve the best possible outcome when they are represented by a lawyer who specialises in stealing offences.
Our theft lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate or judge so that you attain the best possible result.
People who do not engage the help of a theft lawyer often fail to identify potential defences or present mitigating factors to the court. These people frequently suffer heavier penalties as a consequence.
When should I contact a theft lawyer?
If you have been charged or suspect you are under investigation for theft or stealing, contact Donnelly Law Group today.
It’s crucial that you receive expert legal advice before speaking to the police.
The sooner you contact us, the sooner we can protect your legal interests, begin working on your case and help you achieve the best possible outcome.
Call Donnelly Law Group today and arrange your free initial consultation with one of our expert theft lawyers.
Will my lawyer represent me in court?
Our team of theft lawyers at Donnelly Law Group will research, strategise and prepare your case for you. They will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers theft offences in Queensland?
In Queensland, most theft, burglary and stealing offences are legislated under the Criminal Code Act 1899.
What are the penalties for theft offences in Queensland?
In Queensland, many factors are considered by the court when sentencing someone for theft and stealing charges.
Most stealing offences in Queensland carry a maximum penalty of imprisonment. There are also a number of aggravating factors that may increase the severity of the penalty.
Other potential penalties for theft offences in Queensland include a fine, restitution, bond, community service order, probation or an intensive corrections order.
If you are found guilty of a stealing offence, it will be recorded on your criminal history. However, it may be possible for a theft lawyer to argue that no criminal conviction should be recorded. Keeping a clean criminal record helps you avoid complications when applying for jobs, travel visas, child adoption, legal aid and certain types of insurance.
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Are there any legal defences to theft charges?
Yes, there are legal defences available in theft and stealing matters in Queensland. Defences may include an honest and reasonable mistake, the property was not capable of being stolen, consent and more.
Donnelly Law Group’s specialist theft lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for legal defence in theft matters?
A lot of people believe that they cannot afford to hire an expert theft lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
