QLD Suspected of shoplifting, detained, but let go...for now?

[gaga23]

Thank you so much again!!! I was so happy to read this, as it confirmed I was correct and they had definitely overstepped the boundaries of their legal authority! They also technically took advantage of someone with a mental illness, on new medication, who was unable to think straight (despite how calm I appeared).

I will definitely be contacting them to lodge a formal complaint! Thanks to this forum, I know what date the incident occurred on! (you're right. I'm not going to get anywhere legally suing them and technically, it wasn't as if I suffered a great loss. They still broke the law but they can compensate me with a decently valued DJ gift card. Yay! lol)

 

[Dave2024]

As long as you planned to return it even if you left the store with it when I went to school 20 years ago in Victoria studying Legal in year 10 that was the law here. Only theft if you didn’t return it might have been plan to return it my teacher made a real big deal about teaching us how to get out of that one you were in. Sure there were other conditions as law isn’t this simple but that’s what I remember 100% might even have the text book still if someone wants to see it.

 

[AnnaPa90]

As long as you planned to return it even if you left the store with it when I went to school 20 years ago in Victoria studying Legal in year 10 that was the law here. Only theft if you didn’t return it might have been plan to return it my teacher made a real big deal about teaching us how to get out of that one you were in. Sure there were other conditions as law isn’t this simple but that’s what I remember 100% might even have the text book still if someone wants to see it.

Hi Dave,

It is still the law now, and is still within textbooks.

However, once you leave the store with merchandise, it’s obviously very difficult (near impossible, actually) to try to convince a court you ‘intended’ to return it.

It depends on context; say you ran into a store and took a medical kit off the shelves and ran out with it to help a moderately injured person on the street: you’d be able to refute a theft charge pretty well (not that they’d even try to charge you with that in this instance) on the grounds you intended to return the item and pay for it (or argue necessity).

However, a perfume does not necessitate necessity, nor intent to return the item.

 

[AnnaPa90]

No worries! I’m glad you’ll hopefully be able to do something about it, (even just to vent to someone affiliated with the store and finally get it off your chest and let go of it) it might even be beneficial to get the customer service email, remember the date and approximate time you entered the store, and tell them it has come to light your rights were infringed upon when you entered the store a few years back.

I’m not too sure as to how generous DJs are with these things, but hopefully they’ll give you something small!

Happy holidays and new year!

 

[gaga23]

No worries! I’m glad you’ll hopefully be able to do something about it, (even just to vent to someone affiliated with the store and finally get it off your chest and let go of it) it might even be beneficial to get the customer service email, remember the date and approximate time you entered the store, and tell them it has come to light your rights were infringed upon when you entered the store a few years back.

I’m not too sure as to how generous DJs are with these things, but hopefully they’ll give you something small!

Happy holidays and new year!

Thank you again! 🙏🌷 Happy holidays to you too!