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Shoplifting in the ACT: A Guide to the Law and Penalties
Andrew Byrnes Law Group • October 27, 2022
Have you been caught shoplifting in the ACT? Are you looking for a criminal lawyer to help you with your case? If so, Andrew Byrnes Law Group can help.
Shoplifting, or retail theft, is a serious crime. If you don't pay for something and take it with you, that is considered stealing. Even if the value of the item is less than $5, shoplifting is a crime because of the principle that no one should be able to take something without paying for it.
If you are caught for theft in the ACT, you may face legal repercussions that extend beyond penalties for the offence. To avoid legal trouble and negative consequences after being caught for theft in the Territory, you need to understand what is considered theft, know the potential consequences of a conviction, and understand your rights if you are arrested for theft.
What needs to be proven?
To be found guilty of theft in the ACT, the prosecution needs to prove that:
- You took possession of, or carried away, goods from retail premises; and
- You intended to permanently deprive the owner of the goods or keep them for a long time without paying.
What are the possible penalties?
By pleading guilty to theft, the offender is admitting that they unlawfully and intentionally took property belonging to another person without their permission, and with the intention of permanently depriving the owner of that property.
If you are found guilty of theft, under Part 3.2 of the Criminal Code 2002, the local court can impose a maximum penalty, including:
- fine of 1000 penalty units and/or
- 10 years of imprisonment
Minor Theft
The law treats people who are under 18 differently than adults. If you are under 18 and charged with theft, the police may choose to deal with you under Section 321 of the Crimes Act. The maximum penalty for minor theft is:
- fine of 50 penalty units and/or
- 6 months imprisonment
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.
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