NSW Charged for Shoplifting Months Later?

Discussion in 'Criminal Law Forum' started by MNoman, 6 January 2017.

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  1. MNoman

    MNoman Member

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    S is a professional woman in her 30's. She has no criminal record whatsoever. She has shoplifted from some stores over the last 6 months. Total value will be around $300 - $600. Yesterday, S noticed a security guard saw her shoplift - she quickly dumped the goods and ran away from the shop. The guard chased S but then gave up. S did not take the goods.

    S is truly remorseful for her actions and will never do it again. She does not know what came over her to shoplift. S is truly very sorry. Yesterday's episode really jolted her and she realised that she was wrong. She will never do it again.

    S is absolutely terrified that she will be tracked down by review of CCTV and be charged. Can police track her down by reviewing the CCTV? How will they identify S? Can they come and charge her for shoplifting months later?

    If charged, what are S's options? Would she have a criminal record?

    Thanks for your help in advance.
     
  2. Rod

    Rod Well-Known Member
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    1. Yes. How likely - no idea.

    2. Purchases made at the shopping centre on CC or revisiting the centre and being identified by security or by car license plate if they identify the car.

    3. Theft is viewed as a serious crime and has no time limit.

    4. Get legal advice before talking to police. Do not give any information except name and address before talking with a lawyer no matter the pressure or inducements offered by the police. Do not even acknowledge using the centre.

    Do not even acknowledge owning a car. Say nothing till legal advice is obtained. In case you missed the important message here - say nothing except name and address. Be co-operative and pleasant and follow reasonable instructions, like 'come down to the station', but give no information once there, even if arrested at the station, which is a possibility. Though they will likely release her at the end of the no comment interview.

    If convicted of theft it goes on her record. Not a good look for a professional person.

    Silly girl. Hopefully learnt her lesson.
     
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  3. Tim W

    Tim W Lawyer
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    Who is S in relation to you?
     
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  4. MNoman

    MNoman Member

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    I don't know S. I am a law student and a friend asked this question for advice from a legal perspective. I don't know how (or if) my friend knows S.
     
  5. Tim W

    Tim W Lawyer
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    A law student?
    You should not get involved in this kind of question at all.
    Keep well away from "You're a law student, you must know...." type situations.
     
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  6. Jermy

    Jermy Well-Known Member

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    Hi,

    I'm a person without legal qualification. Please clarify why you stated the above person not to get involved in this type of question? The more the better.

    I have a basic idea that she may liable? Is that it? If so, if there were no money exchanged (hiring or engaging that person), is it still considered as professional adivce by a lawyer?

    It is an interesting point you raised but for someone who does not have legal background, it would help if you can clarify.

    Thanks
     
  7. AllForHer

    AllForHer Well-Known Member

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    It's illegal to impersonate a lawyer when you aren't one. It's considered legal advice if it's accepted, paid or not, from a lawyer (as in, has been admitted). It's considered fraud if it's "legal advice" offered from someone who isn't a lawyer.
     
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  8. Jermy

    Jermy Well-Known Member

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    Interesting! But if the person asking the student already knows that the person is talking to a student and not claiming to be a lawyer, is that still considered as impersonating a lawyer? There is no fraud or deceiving or intent to either?

    I should seek legal help about this ;)
     
  9. Heather brown

    Heather brown Member

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    May I ask what happened to your friend?
     
  10. Adam1user

    Adam1user Well-Known Member

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    From reading some posts here about shoplifting, it seems that the entity's concern is to not lose its products and prevent shoplifters from returning, so the person cooperates with the entity and returns the products and will not cause any damage or theft in the future, the entity most properly will not get the police involved, but if the person will be a problem to the entity. The right action by the entity is to involve the police. This is in general from what I understood from reading some of the comments here, so if you friend "S" cooperates, I think it will stay between S and the shops, if not, then most properly the police will be involved.

    This is not a legal advice but a comment from what I understood of what most properly happens from reading comments here. Talk to a solicitor/lawyer for better advice.
     
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