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QLD Stealing Charge - What's Going to Happen Under Criminal Law?

Discussion in 'Criminal Law Forum' started by NR., 31 March 2016.

  1. NR.

    NR. Member

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    Hi,

    I have my first court date and I'm a bit worried about what's going to happen.

    Here's some history: I was first charged with Unauthorized Taking of Goods - Shoplifting, to the value of about $40. I was given a notice to appear, however, the officer let me know how I could go online and plead guilty under the regulatory. This was Oct 2015.

    I did that and had paid my fine + offenders levy.

    Because I'm an idiot, I tried my luck again in early March this year and due to the second offence, this is now upgraded to a Stealing Charge under the criminal code. Goods valued were $40. Both instances have been from a major supermarket.

    The only info I can get is a maximum penalty of 5 years, which is obviously a bit confronting. I have every intention on pleading guilty and facing whatever comes my way, as I made a dumb choice and need to face the consequences.

    What I'm wondering, is what's going to happen under Criminal Law? What sort of sentences am I looking at? I'm unable to get Legal Aid due to finances, and I haven't gotten a QP9 yet so Legal Aid Queensland won't talk to me.

    Any help is welcomed, thanks.
     
  2. Hope this helps

    Hope this helps Well-Known Member

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    Whilst waiting for a QP9 so you're able to apply for legal Aide assistance there are a number of other places you can see a solicitor for free. I do not know whether your located on the north side or south side, however, Logan Community Centre, Caxton Legal Service located in the Brisbane city, Nundah Community Centre, Salvation Army at Mt Gravatt , S.A.N.D.B.A.G Community Centre at Sandgate; if you were to ring will inform you whether you need an appointment.
     
    NR. likes this.
  3. AllForHer

    AllForHer Well-Known Member

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    I doubt you'll get the full five-year sentence - that's a maximum, not a minimum - but you should at least prepare for the possibility of serving jail time. Two crimes of the same nature in less than six months is not something the Court will likely overlook.
     
  4. NR.

    NR. Member

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    Crap. I'll probably seek representation then. I'd imagine for a total crime wrap up of $80 the court woul have to try and justify the costs of imprisoning someone?

    Like, how can someone assault somebody and walk on probation, and a Stealing Charge be potential jail time?
     
  5. AllForHer

    AllForHer Well-Known Member

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    Because you did it twice.

    In less than six months.

    You're not rehabilitated, you have no remorse, and the last penalty obviously didn't compel you to stop being a criminal.

    How much do you think you should be allowed to steal before the Court punishes you appropriately?
     
    Hope this helps likes this.
  6. Hope this helps

    Hope this helps Well-Known Member

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    All laws, cases are different . As different as one judge to another and it is at the discretion of the judge. Please obtain representation. Obviously, the warning and slap on the hand you Recieved didn't get through to you. So of course the judge will consider a stronger course of action to get through to you and deter you from committing further criminal acts. Having representation is a very good idea. Even better idea is hopefully there will not be a third time. Good luck!
     
  7. Hope this helps

    Hope this helps Well-Known Member

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    I didn't see allforher post which it put plain and simple! Well said allforher! Now all you have to do is get it through your head that it is a criminal offence. Why should you think you can get away with someone else's paid property? Do you realise the added cost you have caused on the owner?

    Now having to pay more insurance. Loding money because he paid for it and you stole it wanting something for free ( and nothing in life is free!) the stress, extra staff, security, more devices to protect his shop , etc for your mere $ 40 stealing spree?

    Think of others not just yourself. Better still - think before you do anything ( the cause and affects) and the consequences not just upon yourself but those you have committed a crime against, their stress, fear, concern n worry. Plus the affects, embarrassment n shame of your parents, family, friends and all those who care for you!
     
  8. Hope this helps

    Hope this helps Well-Known Member

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    Mate, just to make sure you think about what you did and if it's worth it - you stole goods equal to $ 40 at that time but had to pay a lot more than $ 40 with fines, levies, a record for life depending on ur age. What I'm saying is it was cheaper to pay $ 40 in the first place let alone the second.

    I personally am wondering whether you have either a learning disorder or a psychological disorder (not that this matters in court). The places I have suggested to you are free legal advice. There are plenty of solicitors in Brisbane city and suburbs who will give free advice for the first 20-60 mins either face to face or by phone so write a list of all your questions and record what they say over the phone so you can play it again should you forget their advice of maybes. It will at least give you some indication.

    The lesser consequences if you do not obtain some time spent in jail is - a fine, 200-1000 hrs of compulsory community service ( bad luck if you have a job) reporting to a community correctional officer , having to do a few corsets as ordered by the judge, psychiatric evaluation for a court report and further court appearances.

    However you can also get jail time plus some of the above and other different orders the judge wants. The courts here are clogged up with petty pathetic crimes such as your case and the consequences your action costs the shop owner, waste of tax payers money giving you legal aide ( which is overwhelmed in it needs far greater and devastating that yours but hey your entitled to it.

    Just someone who really need help, safety of their live, or criminals who start of doing petty crimes like yours and don't learn but instead start doing worst stealing tactics that causes trauma to other people in the shop hence more life's ruined and tax payers money due to them having post-traumatic stress disorder, other mental disorders n claims of - victim compensation of a situation, police time, court time, court staff time and the list goes on.

    So your $ 40 stealing instant cost you a lot more money as mention with fines and levies.The store loss as well as increase insurance, security measures n that increase the prices of everything in the store due to people stealing all the time which mean everyone including me and everyone in Australia to pay higher prices, people have to lose or decrease staff jobs or hours as the loss and cost of people stealing and having to place better n more security measures causes this problem, taxpayers pay, police waste their time on people stealing in stores constantly instead of attending a life threatening situation and I could go on but wanted to give you an insight that to you- your little petty crime - just doesn't cost you more money and everyone else but the effects on people's lives is devastating. And you think it's harmless and nothing!

    Start realising the levels of dynamics in play for everyone just because someone wants to get something for nothing and steal or a domino affect you cause. Ask yourself - is it worth it?
     

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