There are many different types of stealing offences a person could be criminally charged with by the Western Australian Police.
The type of stealing offence an accused person could be charged with will depend largely upon the circumstances which surround the offence, the type of item stolen, the value of the item stolen and the use to which the item stolen was put. Below are few examples of stealing-related offences in Western Australia:
- Stealing as a Servant;
- Stealing a Motor Vehicle;
- Stealing in a Dwelling;
- Child Stealing; and
- Stealing from a Public Office.
It is important to note that the above stealing-related offences are all separate and distinct offences, meaning they will be dealt with in different Courts and will have different maximum jurisdictional penalties which could be imposed by the relevant Courts.
Each of the above criminal offences will also have different legal elements, which must be satisfied by the WA Police or the State of Western Australia, in order that an accused person be convicted (found guilty) of the stealing-related offence.
General, and most common, stealing offence:
The general offence of Stealing is set out in Section 378 of the Criminal Code Act Compilation Act 1913 (WA) ('Criminal Code'). The most common examples seen in the Court are often related to instances where a person has shoplifted, taken some form of gas from a petrol station without payment, or deprived a person of some form property which is not owned by the person who has committed the act.
What does the term fraudulent mean?
The term "fraudulent" is specifically set out in section 371(2) of the Criminal Code. The term includes, but is not limited to, a person having an intent to: permanently deprive an owner of the item or property, deal with the item stolen in such a manner that it cannot be returned to the owner in the condition it was at the time it was taken, or convert, or use, the item taken as a pledge or security.
It does not matter whether a person does the act of stealing without that act being in secret. It is also irrelevant whether at the time of the act there was no attempt at concealment by the person who was doing the act.
What is capable of being stolen?
At law, something is deemed capable of being stolen if it is an inanimate object which is can be moved or converted. This includes, but is not limited to, items such as: money, real and personal property, goods, objects, bank credits, legacies, deeds and instruments relating to or evidencing the title or right to any property. Tame animals, whether tame by nature or wild by nature and tamed, if they are the property of any person, are also deemed capable of being stolen (with the odd exception of pigeons).
What Court will a General Stealing offence be heard in?
Where the value of the thing stolen is under $50,000.00, the general offence of Stealing will be dealt with by a Magistrate within the summary jurisdiction of the Magistrates Court.
Where the value of the thing stolen is over $50,000.00, the offence of Stealing will be dealt with by a Judge or Jury on indictment in the District Court.
What are the Maximum Court Penalties for General Stealing offences:
If a person pleads guilty to, or is found guilty of, the general stealing offence, the maximum penalties which the Court could impose are set out below:
Magistrates Court:
- Where property is worth under $1,000.00, a maximum fine of $6,000.00 will be imposed. The Court also has the option to impose a Community Based Order.
Third striker – new legislation
Recent changes to the Legislation mean that a person who is convicted of a general stealing offence involving property under $1,000.00, but who has been convicted of at least 2 stealing offences within a period of 1 year prior to the current stealing offence, will be classified as a third striker. This means the person will no longer only be fined for the offence, but will be subject to the higher penalties as are set out below.
- Where property is worth under $50,000.00, a maximum term of imprisonment for a period of up to two (2) years and a maximum fine of $24,000.00.
District Court:
- Where property is worth over $50,000.00, a maximum term of imprisonment for a period of up to seven (7) years.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.