VIC Shoplifting (Not me but caught by association )

[Jackson Lee]

Hey so about me I am a 16-year-old who got caught with a bad crowd of people. These guys went to a shopping center and I went with them with MY BAG (which had some of my stuff in it, glasses wallet and stuff). I didn't know they were stealing, but they asked for my bag which I gave to them and they put stuff in it, midway through I realized they were stealing and didn't do anything about it. Security caught on and went up to them and got the bag with stuff inside of it (they ran). I went back to security to ask for my bag, as I didn't do anything but they said it was my fault since it was my bag and I would be held accountable (note I DID NOT TAKE A SINGLE THING) so to get my bag back they said give me names of these people which I said I couldn't (firstly cause I didn't know anyone and secondly if I did my life would be over in that area.) so I said I would be happy to comply and give them my ID (Student) and phone number to contact so that they can pass it onto the police.

QUESTION
1 - Possible outcomes?
2 - Does this go on my record?
3 - Any possible fines?
4 - Will they contact the school/family? (If so how long, and will they contact my school?)


I didn't take anything, although I might have been at fault for "association" and providing a bag. I turned 16 this year and I am really scared, my family is very upright and I just got caught in a bad crowd. I am not painting myself as a saint, I should have known that they were doing stuff but I was too naive. Please note that I could have just left some stuff BUT back.

 

[Jackson Lee]

They said since I was cooperating I would be a "witness" but I am still unsure of the consequences. I have anxiety and mild depression and I am just worried about if this would go on my record (PERMANENT OR NOT, however, if it is not permanent how long would it take for it to get removed). I didn't take anything, however, could I be charged for "association"? and do I have to give them the names of the other people? SOMETHING ELSE I AM VERY WORRIED ABOUT is my school. I am not a bad kid at school and on the contrary, I am actually a very good kid so will the police contact my school and if so what for.
If the people I was with go caught what will the police tell them or what would they be charged for? as they were the ones the committed the act.

 

[Joshbuck]

You do not have to worry at all kid it is no big deal, you don’t need to rat on your friends if it will affect your social life as drastically as you say.
If it’s under $100 worth of items it will be a slap on the wrist, probably a 6 month suspended sentence which basically just means you won’t get in any trouble for it unless you get caught doing something criminal during your 6 months suspended sentence.
Could be a fine or both but as a first offence it will almost definitely only be one or the other.
There is no way in the world a conviction would be recorded, not until your 3rd-5th time caught shoplifting would they consider recording a conviction.
More if you have good reasons for your behaviour and most importantly can show you’re working on those behaviours (seeing a psychologist for kleptomania)

Plus here is the best part. You’re 16.
This is not permanent at all.
I think it was Turnbull who passed a law so that now any juvenile criminal records cannot be brought up in a court of law as an adult (I believe there’s exceptions for morally repugnant crimes of course)
But you are completely fine, in 2 years no matter what happens that can never be used against you.

 

[Jackson Lee]

You do not have to worry at all kid it is no big deal, you don’t need to rat on your friends if it will affect your social life as drastically as you say.
If it’s under $100 worth of items it will be a slap on the wrist, probably a 6 month suspended sentence which basically just means you won’t get in any trouble for it unless you get caught doing something criminal during your 6 months suspended sentence.
Could be a fine or both but as a first offence it will almost definitely only be one or the other.
There is no way in the world a conviction would be recorded, not until your 3rd-5th time caught shoplifting would they consider recording a conviction.
More if you have good reasons for your behaviour and most importantly can show you’re working on those behaviours (seeing a psychologist for kleptomania)

Plus here is the best part. You’re 16.
This is not permanent at all.
I think it was Turnbull who passed a law so that now any juvenile criminal records cannot be brought up in a court of law as an adult (I believe there’s exceptions for morally repugnant crimes of course)
But you are completely fine, in 2 years no matter what happens that can never be used against you.

Hey man, thanks for getting back to me. This makes me feel so much better. But I still have some pressing concerns as the goods I’m pretty sure are worth over 1G but it was the effort of multiple people (I didn’t take anything) but since it was MY bag am I liable for all of them? How much would the fine I incur be? or what does the warning entail? The police now supposedly has my student ID and contact number, and I was wondering what they would do with this information. They said they would contact me and I was wondering how, because if my parents are involved I would be heartbroken and if the school is contacted it would ruin my chances of getting the classes I want. The police haven’t contacted me yet either, is there a chance they won’t contact me at all or will they contact me after a certain period of time.

BIG concern I also have is do I have to rat on them because I keep getting pressured but if I do by social life is over I wouldn’t even be able to live in this area an longer, school life is also over. You said I wouldn’t have to snitch but what if they threaten me (the police) to come clean.

 

[Joshbuck]

It’s worth remembering the police can and do lie. If you rat on your friends the most likely outcome is that each one of them gets a similar punishment as the ones I’ve mentioned and yourself.
Police will often say things like “tell me everything about them and we’ll leave you out of this” and then charge you for everything you’ve said that incriminates yourself.

 

[Joshbuck]

They will pressure you, that’s if they do call. Odds are if they were going to they would have by now. Your parents would find out if they want to question you. But I think you can get professional legal advice yourself at 16. Call legal aid they can answer your questions on the phone but it’s better to make an appointment at your local office, if you’re an Australian citizen it’s free.

 

[Jackson Lee]

It’s worth remembering the police can and do lie. If you rat on your friends the most likely outcome is that each one of them gets a similar punishment as the ones I’ve mentioned and yourself.
Police will often say things like “tell me everything about them and we’ll leave you out of this” and then charge you for everything you’ve said that incriminates yourself.

Thanks for informing me that but I’m still wondering am I liable for what they took and put in my bag? (assuming that the its over 1k, effort of multiple people) and if so what are the consequences. And in the event I’m being questioned I am able to deny giving them the name of he other people right? Thanks so much for answering my questions, it’s just this has my very shook.

 

[Joshbuck]

And the school can not discriminate against you like that. They may be able to suspend you or something if you were in school uniform but your grades determine what classes you can attend.

 

[Joshbuck]

Don’t answer anything without a lawyer. They will get as much info as they can to charge the other perpetrators but they will also use things you say to charge you, things you wouldn’t even realise they could charge you with, they’re very good at their jobs do not think you can wordsmith your way out of it. If it comes to it and you want to go informant make sure it’s litigated by your lawyer, have it in paper that you have immunity before you open your mouth.

 

[Jackson Lee]

Don’t answer anything without a lawyer. They will get as much info as they can to charge the other perpetrators but they will also use things you say to charge you, things you wouldn’t even realise they could charge you with, they’re very good at their jobs do not think you can wordsmith your way out of it. If it comes to it and you want to go informant make sure it’s litigated by your lawyer, have it in paper that you have immunity before you open your mouth.

thank you so much for answering my questions if I have anymore concerns I’ll get back to you! This has put a lot of my mind at rest.