Theft & Stealing Lawyers in Brisbane
Charged With Stealing or Theft? Understand Your Options Before Court
Being charged with stealing can leave you uncertain about what happens next and concerned about the effect on your work, reputation or family. Getting clear advice early can help you understand the allegation and make informed decisions before your first court date.
Queensland’s Criminal Code defines stealing as fraudulently taking property or converting it for your own use or another person’s use. Simple stealing carries a maximum penalty of five years’ imprisonment, with higher maximum penalties applying to certain property and circumstances.
A stealing charge may involve shoplifting, workplace property, money, vehicles, firearms or allegedly receiving stolen property. The evidence may turn on ownership, consent, identification, possession and whether the prosecution can prove fraudulent intent.
Sibley Lawyers’ criminal defence team includes former police, prosecutors and barristers. We listen to your account, carefully review the evidence and explain your options in straightforward terms.
How We Help With Theft and Stealing Charges
Being accused of taking property does not, by itself, establish that you committed an offence. The prosecution must prove each element of the charge using admissible evidence, including that the property was taken or converted fraudulently.
We take the time to understand the circumstances, including what permission or authority existed, what you believed at the time and whether the evidence supports the allegation.
Shoplifting and Retail Theft
A shoplifting charge can be unsettling, particularly when you have never been involved with police or the courts before. We explain the process, review evidence such as CCTV and transaction records, and help you prepare for what comes next.
Shoplifting is generally prosecuted as stealing under sections 391 and 398 of the Criminal Code.
General Stealing Charges
An allegation involving money or property can affect your relationships, employment and reputation. We listen to your account and assess the evidence relating to ownership, consent, identification and fraudulent intent.
Simple stealing carries a maximum penalty of five years’ imprisonment, with higher penalties applying in certain circumstances.
Stealing by an Employee
A workplace theft allegation may place your employment and professional standing at risk. These matters can involve financial records, stock records, CCTV, access logs and questions about the authority you had to use or manage the property.
Stealing an employer’s property as an employee carries a maximum penalty of 10 years’ imprisonment.
Unlawful Use of a Motor Vehicle
A vehicle-related charge can arise even where the vehicle was only used temporarily or there is a disagreement about whether permission was given.
Unlawful use or possession of a motor vehicle under section 408A carries a base maximum penalty of 10 years’ imprisonment. Higher penalties apply in specified circumstances.
Robbery and Aggravated Robbery
Robbery allegations involve claims of violence or threats connected with stealing. These are serious charges, but you are still entitled to have the evidence properly examined and your account considered.
We explain the court process, assess the prosecution case and help you understand the defence options available.
Receiving Tainted Property
You may be accused of receiving stolen property even where you did not know how it was obtained. We examine what you were told, what you knew and whether the prosecution can prove that you had reason to believe the property was tainted.
Receiving tainted property carries a maximum penalty of seven years, increasing to 14 years in specified circumstances.
Why Choose Sibley Lawyers for a Theft or Stealing Charge
Former Law Enforcement Background
Our director, Justin Sibley, served in law enforcement before becoming a lawyer. He knows how police investigate dishonesty offences, how they gather CCTV and witness evidence, and how they build a stealing brief. That insider knowledge is your advantage.
Barrister-Level Advocacy
Robbery and aggravated stealing charges are often contested in the District Court. Your matter is handled by experienced advocates who regularly appear in Queensland courts and know how to run a contested hearing.
Focused on Keeping Your Record Clean
For many clients, especially first offenders and young people, avoiding a recorded conviction matters more than anything else. We pursue diversion, section 12 non-recordings and charge reductions wherever the facts allow.
Affordable, Transparent Pricing
We offer competitive fixed fees for most stealing matters. You will know the cost upfront at your free initial consultation. No hidden charges.
Who We Defend
Our Theft and Stealing Defence Team Acts for People Facing
- Shoplifting and retail theft charges, including first offences and diversion-eligible matters
- General stealing charges under section 398 of the Criminal Code
- Stealing as a servant or employee, where the alleged theft was from an employer
- Unlawful use of a motor vehicle (car theft and joyriding) under section 408A
- Robbery, armed robbery and robbery in company where violence or a weapon is alleged
- Receiving or possessing stolen property under section 433
- Fraud and dishonesty offences that overlap with a stealing allegation
Whether this is a first offence you want kept off your record, or a serious indictable charge heading to the District Court, we fight for the best possible outcome.
Call Sibley Lawyers today. Your freedom is worth fighting for
Your Future Starts Now
Don’t leave your future to chance. The sooner you contact us, the sooner we can start building your defence. We offer a free, no-obligation consultation to discuss your case and explain how we can help. Remember, you are not alone in this fight.
Take the First Step Towards a Clear Defence Strategy
You do not need to work through a stealing charge on your own. We will explain what the prosecution must prove and help you make informed decisions based on the evidence and your circumstances.
Free Initial Consultation
Discuss your stealing charges with a criminal defence lawyer and understand the immediate steps you may need to take.
Confidential Advice
Tell us what happened in a private consultation and receive practical advice without assumptions or judgement.
Evidence-Based Strategy
We assess the charge against the available evidence and prepare a strategy suited to the facts of your case.
Court Representation
We represent clients in Queensland courts and guide them through each required stage of the proceedings.
But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
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The longer you wait, the more challenging your matter may become. Every moment matters when you are defending a stealing charge. Don’t let hesitation cost you your peace of mind. Take control of your situation and speak with our team today.
A Theft Charge Can Affect More Than Your Court Date
A stealing allegation may leave you worried about your employment, professional reputation, family or future plans. Those concerns are understandable, but being charged does not determine the outcome of your matter.
Depending on how the matter is resolved, the outcome may be relevant to employment screening, professional registration, licensing, Blue Card assessments, immigration matters or other background checks. The effect will depend on the charge, the outcome and the rules governing the particular application or profession.
A Blue Card check, for example, may consider criminal history and other assessable information. That does not mean every stealing charge or conviction produces the same result.
If a person is found guilty, the court may have discretion to record or not record a conviction. In considering that question, the court must consider all the circumstances, including:
- The nature of the offence
- The person’s character and age
- The effect a recorded conviction may have on the person’s economic or social wellbeing
- The effect it may have on the person’s chances of finding employment
We can explain how the possible outcomes may relate to your circumstances without predicting what the court or another decision-maker will do.
How We Handle Your Theft or Stealing Matter
We explain each stage of the process so you know what is happening, what comes next and what it means for your matter.
Step 1: Free Consultation
Contact us for a free, confidential consultation. We review the charge, explain the relevant Criminal Code provisions, and give you an honest assessment of where you stand.
Step 2: Evidence Analysis
We obtain the full prosecution brief, including CCTV, witness statements, records of interview and property valuations, and we test whether each element of the offence can actually be proven.
Step 3: Defence Strategy
Based on the evidence we build a tailored strategy. This may mean challenging fraudulent intent, arguing an honest claim of right, disputing value or aggravation, or preparing strong mitigation.
Step 4: Negotiation With the Prosecution
Where possible we negotiate before your court date. Charges can sometimes be withdrawn, reduced, or a circumstance of aggravation removed, which can move a matter back to the Magistrates Court.
Step 5: Court Representation
Your lawyer appears with you at every court date, presents your defence or mitigation, and advocates for the best possible outcome, whether that is a dismissal, diversion, or a sentence with no conviction recorded.
Step 6: Outcome and Next Steps
After the hearing we explain the result, advise on any conditions, and discuss appeal options if appropriate. We make sure you understand what the outcome means for your record.
Queensland Theft and Stealing Penalties
Maximum penalties depend on the offence and the circumstances of aggravation. These are maximum penalties set by legislation, not the sentence a court will necessarily impose. Many first-time stealing matters resolve without a custodial sentence.
| Offence | Criminal Code Section | Maximum Penalty |
|---|---|---|
| Stealing (simple) | s 398 | 5 years imprisonment |
| Stealing from the person / from a dwelling | s 398 (aggravated) | 10 years imprisonment |
| Stealing where value exceeds $5,000 | s 398 (aggravated) | 10 years imprisonment |
| Stealing as a servant / employee | s 398 (Case 9) | 10 years imprisonment |
| Stealing a firearm | s 398 (aggravated) | 14 years imprisonment |
| Stealing a motor vehicle | s 398 (aggravated) | 14 years imprisonment |
| Stealing a will (testamentary instrument) | s 398 (aggravated) | 4 years imprisonment |
| Unlawful use of a motor vehicle | s 408A | 10 years imprisonment |
| Robbery | s 409 / s 411(1) | 14 years imprisonment |
| Armed or aggravated robbery | s 411(2) | Life imprisonment |
| Receiving stolen property | s 433 | 7-14 years imprisonment |
The appropriate sentencing range depends on the facts, plea, criminal history, value, harm, restitution, personal circumstances and other relevant considerations.
Defences to Theft and Stealing Charges
The right defence depends on the charge, the evidence and how the property came into your hands. We assess every available option, including:
Honest Claim of Right
Under section 22 of the Criminal Code, a person is not criminally responsible for a property offence where the act was done in the exercise of an honest claim of right and without an intention to defraud.
This can become relevant in genuine disputes about ownership, shared property, payment, wages or entitlement. The particular belief and the circumstances in which it was held must be examined carefully.
No Fraudulent Intent
The prosecution must prove the fraudulent taking or conversion required by section 391.
Evidence of a genuine mistake, misunderstanding or absence of the relevant intention may raise doubt about this element. However, an intention to repay money or temporarily use property does not automatically prevent conduct from falling within section 391.
Consent or Authority
Evidence that the owner consented to the use of the property, or that you had authority to manage, move or dispose of it, may be significant.
Consent and authority commonly arise in workplace, business, family and shared-property disputes. The scope of any permission and what each person understood may need to be established using documents, messages and witness evidence.
More Defences We Assess
Mistake of Fact
Section 24 may apply where a person acted under an honest and reasonable but mistaken belief about the circumstances.
For example, a person may have believed an item had been paid for, belonged to them or could be used with permission. Whether the defence is available depends on the evidence and the elements of the particular offence.
Identity and Weak Evidence
Shoplifting, vehicle and robbery matters may rely on CCTV, eyewitness evidence, number-plate information, electronic records or circumstantial evidence.
We examine image quality, continuity, timing, identification procedures, possession and any gaps or inconsistencies in the prosecution case.
Compulsion
Queensland’s Criminal Code provides a defence of compulsion in limited circumstances involving serious threatened harm or detriment.
The requirements are strict. The person must reasonably believe there was no other way to escape the threat, and the conduct must be reasonably proportionate to the harm or detriment threatened.
What Counts as Stealing in Queensland
Under section 391 of the Criminal Code, stealing occurs when a person fraudulently takes something capable of being stolen or fraudulently converts it to their own use or another person’s use.
A taking or conversion may be treated as fraudulent where it is accompanied by one of the intentions listed in the Criminal Code, including:
- An intention to permanently deprive the owner of the property
- An intention to permanently deprive a person who has a special property interest in it
- An intention to use the property as a pledge or security
- An intention to part with it on a condition that may not be capable of being performed
- An intention to deal with it in a way that means it cannot be returned in the same condition
- For money, an intention to use it at will, even where there is an intention to repay it later
The allegation must be considered against the precise wording of section 391. An intention to return property does not automatically answer every stealing allegation, particularly where money was used or the property could not be returned in the same condition.
However, evidence that a person honestly believed the property was theirs, believed they had authority or consent, or acted under a genuine mistake may be important. We examine those issues at the beginning of the matter.
What Can Make a Stealing Charge More Serious?
The single biggest factor in how a stealing charge is dealt with is whether a circumstance of aggravation applies. These are set out in section 398 and they change both the maximum penalty and the court that hears the matter. The most common are:
- Property was stolen from another person
- Property was stolen in a qualifying dwelling circumstance
- A locked room, box or receptacle was opened using a key or another instrument
- The property was stolen by a clerk or servant from an employer
- The property was stolen by a director or officer from a company
- The property was valued at more than $5,000
- The property was a vehicle
- The property was a firearm or ammunition
- The property was a testamentary instrument
- Relevant previous convictions are alleged
The value of the property is important, but it is not the only factor that affects the charge, maximum penalty or court process.
The fact that property is valued below $5,000 does not automatically determine that the matter will remain in the Magistrates Court. Summary jurisdiction depends on the specific offence, the alleged circumstances, the plea and the provisions in chapter 58A of the Criminal Code.
Identifying whether the prosecution has charged the correct offence and whether an alleged aggravating circumstance is supported by evidence can materially change how the matter proceeds.
Frequently Asked Questions
What Is the Punishment for Stealing in Queensland?
The punishment for stealing in Queensland depends on the property and the circumstances of the offence. Simple stealing under section 398 carries a maximum penalty of five years’ imprisonment, while specified circumstances can increase the maximum to 10 or 14 years.
The maximum penalty is not the sentence that will necessarily be imposed. The court considers the facts of the offence, the value involved, the plea, criminal history, personal circumstances and other sentencing factors.
Is Shoplifting a Criminal Offence in Queensland?
Shoplifting is a criminal offence in Queensland and is generally charged as stealing under sections 391 and 398 of the Criminal Code.
The prosecution must still prove the elements of stealing beyond reasonable doubt. The value of the property, the evidence, any previous history and the circumstances of the alleged conduct may affect how the matter is dealt with.
Will I Go to Jail for a First Stealing Offence?
Whether a person will go to jail for a first stealing offence depends on the seriousness of the charge and the individual circumstances.
A court may have several sentencing options available, but imprisonment cannot be ruled out solely because it is a first offence. Relevant factors can include the value of the property, breach of trust, planning, restitution, plea and the person’s history and circumstances.
What Is the Difference Between Stealing and Robbery?
The difference between stealing and robbery is the use or threat of violence.
Stealing involves fraudulently taking or converting property. Robbery involves stealing together with actual or threatened violence used to obtain the property or prevent or overcome resistance.
Robbery carries a maximum penalty of 14 years, while armed robbery and other specified aggravated forms can carry life imprisonment.
Can a Stealing Charge Be Dropped or Withdrawn?
A stealing charge can be withdrawn or amended where the prosecution accepts that the evidence does not support the charge or that another resolution is appropriate.
Possible issues may include insufficient evidence of fraudulent intent, an honest claim of right, consent, mistaken identity or an unsupported aggravating circumstance. Withdrawal is not guaranteed and depends on the evidence and the prosecution’s assessment.
Can I Avoid Having a Conviction Recorded?
Whether a conviction is recorded is a decision for the court after considering all the circumstances of the case.
Under section 12 of the Penalties and Sentences Act 1992, relevant considerations include the nature of the offence, the person’s character and age, and the effect a recorded conviction may have on economic or social wellbeing and employment prospects.
A lawyer can prepare submissions addressing these matters, but cannot guarantee that the court will decide not to record a conviction.
What Should I Do if I Have Been Charged With Stealing?
If you have been charged with stealing, read the charge documents carefully, note your court date and seek legal advice as soon as practicable.
Avoid contacting witnesses or posting about the allegation online. Where police want to conduct an interview or obtain a further statement, seek legal advice before deciding how to respond.
Bring your charge documents, bail paperwork and any relevant messages, receipts, records or other material to your consultation.
These FAQs are general information only and do not constitute legal advice. The law is complex and fact-specific. You should seek independent legal advice for your particular situation.
From the very first meeting, you'll feel the difference that comes from working with a team that prioritises communication, compassion, and results. We'll be your trusted advisors and fierce advocates, guiding you towards a brighter future.
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Speak to a Theft and Stealing Lawyer Today
Early Advice Puts You in a Stronger Position
Early legal advice can help you understand the allegation, protect relevant evidence and prepare for your first court date.
Whether you are facing a shoplifting allegation, workplace theft charge, receiving charge or serious robbery matter, our team can examine the evidence and explain your options.
Speak with a theft lawyer in Brisbane or a robbery lawyer from our criminal defence team today.
Contact Sibley Lawyers for a free and confidential initial consultation.
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But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
