VIC Caught Shoplifting - What Happens in Court?

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loon

Member
18 October 2018
4
0
1
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!
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
Hi! Please anyone here give me some advises. I am very scare right now and I don’t know what is gonna happens to my life next.

I got caught as a shoplifting yesterday. They called the police and the polices brought me to police station to interview and recorded. This is my first time to face something like this and i know I shouldn’t do it. It was a stupid idea ever :(

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

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

I don’t know what is gonna happens at court. What’s the punishment? Will get imprision? Will I get a criminal recorded? 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 advice me I really don’t want this to affect my future career and my family

Thanks for your moments and suggest me !

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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Adam1user

Well-Known Member
5 January 2018
577
33
2,219
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.
 

loon

Member
18 October 2018
4
0
1
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.
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.
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
 

loon

Member
18 October 2018
4
0
1
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.
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.
 

loon

Member
18 October 2018
4
0
1
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.
Somehow! I've done some research and found that the maximum penalty is 2 or 5 years :(
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
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

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.
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
Somehow! I've done some research and found that the maximum penalty is 2 or 5 years :(
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...
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
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...

At least fish are living creatures.

However, I believe that NSW can top that with 6 months for stealing a pebble! :D

NSW Legislation