Shoplifting in the ACT: A Guide to the Law and Penalties

What needs to be proven?

What are the possible penalties?

Minor Theft

How long until you can get charged with shoplifting?

You can be charged with shoplifting or theft at any time after the offence has been committed. If reasonable evidence such as CCTV footage or eyewitness testimony is available, you may be arrested and charged on the spot. In other cases, you may receive a summons to appear in a local or district court at a later date.

What should you do if you are accused of theft?

If you are accused of theft, it is important to remain calm and avoid saying anything that could be used against you later. You have the right to silence and should exercise it until you have spoken to a criminal law solicitor. If you are arrested, you should also request to speak to a criminal defence lawyer as soon as possible.

Will you get a criminal record if you are guilty of the offence?

If you are convicted of theft in the ACT, you will receive a criminal record that will show up on a Nationally Coordinated Criminal History Check. This can have serious implications for your ability to travel, get a job, or obtain a professional license. The penalties for theft are also generally more severe than for other types of theft.



Criminal Offences of Receiving a Stolen Property

In the ACT, it is an offence to receive (knowingly) stolen property, which is defined as:

• any property that has been stolen;
• purchased a stolen property
• used the stolen property

The maximum penalty for this offence is:

• fine of 1000 penalty units and/or
• 10 years imprisonment



Possible Defences of Theft

There are a number of possible defences to a charge of theft, which can be used depending on the circumstances of the case. Some common defences include:

• You did not intend to permanently deprive the owner of the goods - If you took the goods with the intention of returning them or paying for them later, you may have a defence.
• You had a legal right to take the goods - If you believed that you were entitled to take possession of the goods, you may have a defence. For example, if you took goods from someone who owed you money.
• You acted under duress - If you were threatened with violence or other harm if you did not commit the offence, you may have a defence.
• The item was abandoned - If the owner of the goods had abandoned them, you may have a defence.
• Stole out of Necessity - If you took the goods because you were in need of them and had no other way to obtain them, you may have a defence.

Each case is different, and it is important to get advice from a lawyer about which defences may be available to you to avoid a criminal conviction.

Have you been caught shoplifting?

If you got caught the store will ring the local police. The police will then attend and speak to you. If the police believe that you have committed an offence, they may arrest you and charge you with theft.

After you are charged, you will be given a date to appear in court. You should get legal advice as soon as possible so that you can understand the charges against you and decide the best course of action to avoid a criminal conviction. An experienced defence lawyer can help you prepare your defence and represent you in court so that you can avoid getting a criminal record.

Reach out to the team at Andrew Byrnes Law Group today for a free initial consultation regarding your case.