NSW Are charged shoplifters legally required to return stolen goods to a store?

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Brandon

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5 February 2018
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Just out of curiosity, I own a business and have recently dealt with a shoplifting case with the police. The individual was charged a criminal infringement fine of $300 however, was not required to compensate us financially or return the goods. Was just wondering if this was legal or not as it does not seem to be.
 

AllForHer

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23 July 2014
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Getting financial compensation would require you to file a civil claim for damages, but you need legal advice on how to go about this.

Returning the goods, however, should be a matter of contacting the police. Once evidence has served its purpose, there's no reason it can't be returned to the owner.
 

Rod

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27 May 2014
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If police did not recover the items, then you sue the person in court for the cost + damages. A demand letter would be the first step down this path.
 

Rob Legat - SBPL

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16 February 2017
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I also understand an order for restitution can be made in some (all?) jurisdictions - sorry, not really my area. Perhaps asking the prosecutor to raise it with the court may be the way to go.
 

Rod

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Yes, thought of that but sounds like the matter is past that stage as a fine has already been imposed.