Stealing offences in Western Australia can range from relatively minor matters dealt with in the Magistrates Court through to serious indictable offences involving substantial property, breach of trust or repeat offending. Depending on the circumstances, penalties may include fines, community based orders, suspended imprisonment or immediate imprisonment.
Gunning Young represents clients charged with stealing and related dishonesty offences. We provide clear advice on the strength of the prosecution case, available defences and the practical options for resolving the matter.
We Act In Matters Involving:
- General stealing allegations;
- Shoplifting and retail theft;
- Employee theft and stealing as a servant;
- Fraudulent appropriation of money or property;
- Receiving stolen property;
- Burglary related theft allegations;
- Vehicle and property related theft;
- Repeat dishonesty offending; and
- Related fraud and deception matters.
Understanding Stealing Charges In WA
Stealing charges in Western Australia commonly arise under the Criminal Code (WA). To prove a charge, the prosecution must establish each legal element of the offence beyond reasonable doubt.
Cases often turn on issues such as ownership of the property, intention, consent, identity, value of the item, or whether the accused honestly believed they had a right to the property.
Some matters involve opportunistic low value theft. Others involve more serious allegations such as breach of trust, workplace dishonesty, organised offending or large financial loss.
Common Defences To Stealing
Every matter depends on its own facts. Possible issues or defences may include:
- Honest claim of right;
- Lack of intention to permanently deprive;
- Mistaken identity;
- Ownership dispute;
- Consent of the owner;
- Insufficient evidence;
- Unreliable witness identification; and
- Procedural issues in the police investigation.
We carefully review CCTV, witness statements, records of interview, store evidence, financial material and all surrounding circumstances before advising on the best course forward.
Stealing as a Servant / Employee Theft
Some allegations involve employees or persons in positions of trust said to have taken money, stock or property from an employer. These matters are often treated more seriously because they involve an alleged breach of trust.
They frequently require detailed examination of records, accounting systems, access logs, workplace procedures and whether another explanation exists.
Sentencing for Stealing Offences
Where a plea of guilty is appropriate, careful preparation can significantly improve the outcome. Relevant matters may include:
- Value of property involved;
- Whether property was returned;
- Prior record or first offence status;
- Personal circumstances;
- Employment history;
- Restitution or repayment;
- Remorse and cooperation; and
- Early plea of guilty.
We prepare focused sentencing submissions aimed at achieving the best possible result.
Police Interviews and Early Advice
Many stealing matters begin with a complaint, police contact or request for interview. Early legal advice can be critical. What is said in interview may later be relied upon in court.
We advise clients regarding interviews, summonses, disclosure, negotiations with prosecutors and how best to protect their position from the outset.
Why Early Advice Matters
A conviction for dishonesty can have significant consequences for employment, licences, travel and reputation. Prompt legal advice can assist in preserving defences, resolving matters early where appropriate, and improving final outcome.
Speak With Our Team
If you have been charged with stealing, shoplifting, employee theft or another dishonesty offence, or have been asked to attend a police interview, contact Gunning Young for confidential advice as early as possible.