Understanding Stealing under Queensland Law

The law exists to protect people’s right to their belongings and to maintain trust and order in our communities.

Stealing is treated seriously under Queensland’s Criminal Code, specifically Section 398 of the Criminal Code 1899. It refers to taking someone else’s property without permission and with the intent of keeping it permanently. The law exists to protect people’s right to their belongings and to maintain trust and order in our communities.

The penalties for stealing in Queensland depend on the value of the property and the situation surrounding the criminal offence. If the item taken is worth less than $1,500, it is generally considered a summary offence, which can lead to a maximum penalty of three years in prison. However, if the value is higher, the criminal charge becomes more serious — an indictable offence — which can result in harsher consequences.

The law recognises different types of stealing, such as shoplifting, burglary, and fraud, each with its own specific legal requirements. For a conviction, the court must be satisfied that the person intended to take the property and not return it.

There are also legal defences to a stealing charge. For example, someone may genuinely believe the property belonged to them, or they may not have intended to permanently keep it. These factors can influence how the case is handled and its outcome.

Facing a stealing charge can be stressful and have long-term effects, including on your job opportunities and reputation. If you or someone you know is in this situation, it’s important to seek legal advice early. Understanding your rights and options can make a big difference.

This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact the Fisher Dore team.

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