QLD Accidentally Shoplifted - Police Have Charged Me

[Shailee]

Yesterday, I went and did my normal weekly food shopping. I had a massive migraine and wasn't thinking properly, not thinking I went to take my daughter to the change room to change her nappy and walk out of the shops with a trolley full of food without paying. I was half way to the change room when a lady from the shopping centre tapped me on the shoulder and ask me to accompany her to the police beat. I didn't even realise what I had done at that point so I said 'no what for?', she said 'you walk out of the shops without paying for your food'. I look in the trolley and fair enough I did. I told her I will pay for them and showed her I had the money to pay for them and she become quite rude and aggressive towards me, as I tried to explain I didn't mean to not pay for them, she told me it's was too late and I will be charge for shoplifting (theft) and that I have to accompany her to the police station.

I was so scared of getting into trouble I run of into the car park, was packing up my children's belongings and was going to leave the stuff I didn't pay for behind, as I grab my baby bag out of the trolley a police officer grabbed my arm. I again tried to explain what happened, but wasn't listened to. I didn't even get the chance to explain myself. I have never been more embarrassed in my whole life. I have to go to court and I have no idea what to do, as I have never shoplifted, never had to go to court for it. I really need some advice.

 

[Tracy B]

Hi Shailee,

Take a read of Queensland's Government "shoplifting, stealing, fraud and burglary". Do you have the charge sheet? What section of what legislation are you charged with?

If the value of the goods taken was less than $150 then you have a defence if you prove that you were not dishonest in taking the goods away. Therefore, you will need to show that there was an honest mistake, or no intention to shoplift (e.g. genuine intention to pay).

 

[Shailee]

Hi Shailee,

Take a read of Queensland's Government "shoplifting, stealing, fraud and burglary". Do you have the charge sheet? What section of what legislation are you charged with?

If the value of the goods taken was less than $150 then you have a defence if you prove that you were not dishonest in taking the goods away. Therefore, you will need to show that there was an honest mistake, or no intention to shoplift (e.g. genuine intention to pay).

I have no idea exactly how much the value was but it would of been inbetween $150-$200, as my normal shop is around $300 but I hadn't even finished my shopping, I have my bank statement to show I had the money to pay for them, is that enough to prove it? I also go there every week to do my food shopping and have always payed. I haven't got my charge sheet ATM but when I get home I'll check

 

[Shailee]

Also nothing was hidden, don't people who steal things hide them in bags? everything I had was in the trolley, ready to be payed for..

 

[Tracy B]

Hi Shailee,

The circumstances of your incident is consistent with no dishonesty and will support your defence. It is certainly worth bringing all of these factors up in court. However, only the Magistrate can say for sure whether this is enough or not. Again, under exactly what section of which legislation are you charged under? It is difficult to say if this is the correct defence without knowing exactly what you are charged of.

 

[Rod]

BTW, sounds like you pay in cash. Pity, because if you'd paid via credit/debit card you could show regular weekly payments.

It still may help if you show regular withdrawals from your bank account each week for food shopping.

If one or 2 cashiers know you as a regular you may be able to use them as witnesses.

 

[Shailee]

Yes I always take cash out and leave some in for other things i may need during the week or if I over spend on the food shopping, I went and done my food shopping on Sunday with te assists of my mother in law at a different Coles, I kept the recipe, which I have purchased all of the same things that was in my trolley plus other things.

 

[Flatout]

I have hear in the past that coles sometime bans you from shopping at any coles stores and if you go back they could charge you with trespassing.

 

[Shailee]

I never was told I was banned, but I don't really feel like going back to that particular Coles, even though I didn't mean to take anything. I couldn't handle the embarrassment. But does this mean I shouldn't use my recipe in court to prove I never intended to steal anything?

 

[Rod]

If they haven't told you are banned then don't worry about it.

Didn't understand your last question.