VIC Help After Accidental Shoplifting?

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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
2,894
Sydney
As long as you don't steal again (or do anything that looks like stealing),
then you can forget this, it's over.

Here's your plan...

  1. The price of peace of mind is about a hundred dollars - do one of those online police checks... on yourself.

  2. Whatever your "personal issues" are - fix them.

  3. Relax, the security people are not watching for you personally.
    Most of them are to dull and indiligent to recognise you in future anyway.
    And if you stop stealing stuff, they will have no reason to act.

  4. Spend your money somewhere else.
 

yoyada

Member
7 July 2023
4
0
1
Timbo
Wtf does this mean.
Is this Private School code
Wow you are some piece of work.
Very impressive mummy must be so proud.
 

zaffin

Well-Known Member
9 October 2023
16
2
74
This new legal ai tool I've been using. It's a big slow as they build it but pretty awesome and free https://legalmind.com.au . It's pretty epic, it produced

"
It seems that you've found yourself in a situation where you may feel your conduct has potentially been misrepresented. First, keep in mind that incidences of this nature can often trigger a routine protocol in many retail establishments, which might include involving local law enforcement. This process doesn’t mean you’ve been charged with a crime.

The fact that you were allowed to leave and weren't specifically charged with shoplifting is a good indicator that no further legal ramifications are likely to arise from this event. The act of taking your ID and photograph might be standard procedure of the retail establishment you visited and not necessarily indicative of further action.

Legislation, particularly the Crimes Act 1900 often elucidates matters concerning theft and shoplifting. It's important to highlight that an individual can only be found guilty of larceny (Theft), under s117 of this Act, if it can be proven that they intended to permanently deprive the owner of the property - it seems in your case, you made it clear that it was an unintentional mistake and you had absolutely no intent in doing so.

Notably, a similar case, Froomberg v R (1992) could provide valuable insight into your predicament. In this case, the defendant was initially charged with shoplifting but later appealed the decision by arguing the incident was due to momentary forgetfulness - a defense that was accepted by the court. This could potently parallel your situation where you've stated it was an unintentional mistake due to personal issues.

Furthermore, regarding your concerns about your reputation, keep in mind that Australia has strong privacy laws. In accordance with the Privacy Act 1988, personal information such as photographs and ID details can only be used for the purpose for which they were collected and must be securely disposed of once this purpose has been served. Therefore, it's unlikely these details will be utilized in a manner that could damage your reputation.

In conclusion, while this incident was undoubtedly distressing, it seems you're not facing any ongoing legal consequences. For further peace of mind, it would be recommendable to clarify the situation with the store management or consult with a legal professional. Remember, this response is based on the information provided and general insights into Australian law and should not replace personalised legal advice."
 
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