VIC Caught Shoplifting - What Happens in Court?

Discussion in 'Criminal Law Forum' started by loon, 18 October 2018.

  1. loon

    loon Member

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    Hi!

    Please anyone here give me some opinions. I am very scared right now and I don’t know what is gonna happen to my life next.

    I got caught shoplifting yesterday. They called the police and the police brought me to police station to be interviewed and recorded. This is my first time facing something like this and I know I shouldn’t have done it. It was the stupidest idea ever :(

    The amount was 105$ and I have a security detacher in my bag. I haven’t use it to untag any clothes they caught from me. I just carried it with me, I got it from eBay.

    They gave me charge documents (under section 74A of the Crimes Act ) and gave me a court date at Magistrate’s court.

    I don’t know what is gonna happen at court. What’s the punishment? Will I get imprisoned? Will I get a criminal record? So many questions in my head now.

    I'm willing to pay for fine and restitution to the stolen amount of the goods taken.

    Please help me. I really don’t want this to affect my future career and my family.

    Thanks for your time and suggestions!
     
  2. Tony Danos

    Tony Danos Lawyer
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    You would really want to apply for a Diversion but that would depend on a host of factors.
     
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  3. DMLegal

    DMLegal Well-Known Member

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    What is your career? You won’t go to prison if this was your first offence and it was only $105.00.

    Also, it isn’t all that relevant you didn’t use the de-tagging device, is merely goes to the Police demonstrating that you did not intend to pay for the goods. In-fact I am not sure if using a de-tagging device would be an offence in itself anyway.
     
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  4. Adam1user

    Adam1user Well-Known Member

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    I like to add to DMLegal, that having the de-tagging device with you shows/proves intent, which is one of essential factors of a criminal act, this will give support to the case against you. I am not a lawyer but this is my understanding from talking and watching couple of docos about police and watching Law & Order on TV. (If I'm wrong, I'm sure someone will correct my statement above).

    As it is your first time, you may get Section 10 or Diversion (depending on which state you are in and which one applies to your case), but this will depend on may factors such as your character, the reason why you did this etc...

    You need a lawyer for sure.
     
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  5. loon

    loon Member

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    Thank you Adam for your reply. It’s very helpful . Makes me feel even more guilty and scared what is going to happen in few weeks.

    However, what’s is the section 10 and diversion ? Do I need to apply this before going to court ? And during court date is the third party going to attend too?

    I am absolutely in need of legal advice. I appreciate your comments
     
  6. loon

    loon Member

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    Thank you for your reply!

    They questioned me a lot during the interview at the store and at the police station. I'm afraid my case it won’t go easy. I don’t know because it’s my first offence I worry about everything and what this may cause my family. By the way I am a house wife.
     
  7. loon

    loon Member

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    Somehow! I've done some research and found that the maximum penalty is 2 or 5 years :(
     
  8. Adam1user

    Adam1user Well-Known Member

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    Section 10 is the authority by the court / magistrate to issue based on the magistrate's opinion (if qualified for) that to put you on good behavior bond and not have the criminal charge in your record, what I mean is that if after the probation period, and you have not done anything negative, you will not have a criminal record against your name if a criminal check is issued, but it will stay on your record that the police (or other similar authority) have access to. Diversion, I suppose it maybe the same principle, I am not aware of it but I think it is like that, you can google it. This is what I will do.

    But you need a lawyer for sure. A lawyer will know how to assist you. As the lawyer will talk to you and get the paperwork from the police and will prepare everything you need for court.
     
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  9. DMLegal

    DMLegal Well-Known Member

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    Emphasis on the word 'maximum'. In Western Australia the maximum penalty for 'Unlawfully taking fish' is two years imprisonment...it will be a cold day in hell before anyone received imprisonment for unlawfully taking fish...
     
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