Some punishments are excellent deterrents that help stop crime. When considering the crime of stealing, numerous components must be taken into account to understand the punishment. Some key factors that help explain various charges and penalties include,
Definition of Stealing
In Western Australia, the Criminal Code Act 1913 defines stealing as someone taking something that can be stolen in a dishonest manner or dishonestly converting that thing for a specific use or other things.
What is Property or an Item in Any Stealing Offence?
According to Section 378 of the Criminal Code Act, property that can be considered stolen includes all moveable inanimate things. For example, personal or real items, including the following:
- Bank credits
- Debts
- Legacies
- Money
- Deeds that display evidence of the rights or title to any property
- Properties for which the original item or asset is exchanged
Definition of Fraudulent Act
A fraudulent act means an act that is unlawful. This may include:
- Permanently taking away an object or part of an object from the owner.
- Using the stolen object as a security.
- Depriving someone of their unique property.
- To dispose of the object in a way that makes it useless to the receiver.
- To use the object in a way that renders it unable to be successfully returned or valuable when it is retrieved.
Theft of Motor Vehicles
Theft of a motor vehicle is described in section 371A of the Criminal Code. A person is guilty of stealing a motor vehicle if they unlawfully drive or use the motor vehicle in question without the permission of its owner or the person responsible for it.
The act also stipulates that a person who sits in a car that is reasonably suspected to be stolen can also be charged with stealing of a motor vehicle.
When Will a Stealing Offence Be Irrefutable or Complete?
The act of stealing is not considered to be complete until,
- The person taking or transferring the object, in fact, moves it.
- The person engages with the object by exerting some form of physical activity.
This means that suspecting someone is stealing is not enough to convict them of a stealing offence. An accuser must be able to prove the person in question has transferred or attempted to transfer the object.
Penalties for Stealing
In Western Australia, the penalties for stealing can vary depending on the value of the object and other circumstances surrounding the theft.
| Offence | Maximum summary penalty | Maximum indictable penalty |
|---|---|---|
| Section 427(4) theft involving property valued at $1,000 or less | A fine of $6,000 | Imprisonment for 7 years |
| Section 427(2) theft involving property valued at $50,000 or less | A fine of $24,000 and/or imprisonment for 2 years | Imprisonment for 7 years |
| Section 378 theft involving property valued over $10,000 | N/A | Imprisonment for 7 years |
| Section 378 theft involving property valued at $10,000 or less | A fine of $24,000 and/or imprisonment for 2 years | Imprisonment for 7 years |
General Penalty
According to Section 378 of the Criminal Code, a general penalty for an indictable offence of stealing is up to seven years.
Summary Offence
Stealing offences heard in the Magistrates Court are considered summary offences. These carry a maximum penalty of up to two years.
Stealing Motor Vehicles
If someone steals a motor vehicle and drives it recklessly, they can face up to eight years imprisonment.
If the theft of the motor vehicle can be tried summarily, stealing the vehicle carries a fine of up to $24,000 and two years imprisonment.
Special Circumstances
Stealing from a home where the value of the stolen goods is $10,000 or if the theft involves violence, the Court can order a maximum penalty of 14 years in prison.
If you are charged with the crime of stealing, it is vital that you take action. The police and prosecution personnel are not on your side. You need the assistance of an experienced theft crime lawyer who cares about you and your case. Do not hesitate to contact WN Legal. Our team of lawyers have spent decades perfecting defence strategies, and we will help you get the best possible outcome.
**Please Note**
The material provided here is for informational use only and does not constitute binding legal advice. You should not use this information as a replacement for an individual consultation with a trained legal professional.
