Canberra & the ACT · Robbery and theft
Theft charges in the ACT.
Theft in the ACT is a Criminal Code 2002 offence, and it turns on dishonesty and an intention to permanently deprive. Most theft matters are dealt with in the Magistrates Court, and a first offender is often kept out of a conviction where the matter is handled well.
- Theft10 yearss 308 Criminal Code 2002 (ACT)
- CourtMagistrates CourtUsually summary
- ElementDishonestyAnd intent to deprive
- First offenderNon-conviction possibleSection 17
The ACT offence.
Theft has two elements that often decide the matter: dishonesty, and an intention to permanently deprive the owner of the property. A borrowing, a genuine belief in a right to the property, or a mistake can each answer one of those elements. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
Theft carries a maximum of 10 years but is usually dealt with summarily in the ACT Magistrates Court, where the penalty is capped. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and a non-conviction order under s 17 is often achievable for a first offender, which can protect employment and a security clearance.
Defences and issues that matter.
Dishonesty.
Dishonesty is judged by the standards of ordinary people. A genuine claim of right, or an honest mistake, can mean the taking was not dishonest.
Intention to permanently deprive.
Theft requires an intention to permanently deprive. A genuine intention to return the property can answer the charge.
Identity and the evidence.
Where the case rests on CCTV or circumstantial evidence, identification and the strength of the inference are tested.
How the matter is run.
For most theft matters the work is to test dishonesty and the intent to deprive, to keep a first offender out of a conviction, and to prepare a subjective case that puts the offending in context. Where the value is high or the matter is contested, it is prepared for a defended hearing.
Frequently asked.
What is the penalty for theft in the ACT?
Up to 10 years under s 308 of the Criminal Code 2002 (ACT), though theft is usually dealt with summarily in the Magistrates Court where the penalty is capped.
What does the prosecution have to prove for theft?
That the accused dishonestly appropriated property belonging to another, with an intention to permanently deprive the owner of it. Dishonesty and the intention to permanently deprive are the two elements most often contested.
Can I avoid a conviction for theft in the ACT?
Often, for a first offender. Under s 17 of the Crimes (Sentencing) Act 2005 (ACT) the court can deal with a matter without recording a conviction, which can protect employment, travel and a security clearance.
Is a genuine belief that the property was mine a defence?
It can be. A genuine claim of right, or an honest mistake, can mean the taking was not dishonest, which answers an element of theft.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019