Shoplifting

Example:

Deb is in Farmers when she sticks a lipstick worth $16.95 in her bag. She is stopped by a security guard when she walks out and is asked to show them her bag. She does this and the lipstick is found. The Police are called and she is subsequently charged with theft. This is the second time this has happened – six months ago she was caught stealing mascara and was given Police diversion. 

Offence:
Theft or stealing - section 219 of the Crimes Act 1961
It is an offence to:
(a)    dishonestly and without claim of right, take any property with intent to deprive any owner permanently of that property or of any interest in that property; or

(b)    dishonestly and without claim of right, use or deal with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner.

Penalty:
The penalty for theft depends on the value of the property stolen:

 
Even though the Crimes Act doesn’t specifically say it, you can be penalised by having a fine or community work imposed, if the circumstances of the offence don’t warrant the most serious penalty of imprisonment.

Likely sentence:
Deb can’t get diversion for this, since it is the second time she’s been charged. In the circumstances she is likely to get a fine of around $100-200 and she’ll pay court costs of $130. If Farmers got the lipstick back in new condition, she will not have to pay reparation. If she’s opened it and used it before the security guard stopped her, she will have reparation of $16.95 imposed also.

Special notes:
Convictions for dishonesty have serious implications for future employment and insurance options. A failure to disclose such a conviction at policy renewal time could be grounds for avoidance of a subsequent claim. The Police can also require a DNA sample being given for their database following conviction for theft provided they serve a compulsion notice on the offender within 6 months of conviction.