QLD Theft as a Servant - What are the Likely Sentences?

[Helen1585]

I've been charged with stealing (theft) as a servant for an amount of $3k. What are the likely criminal law sentences?

It was a crime of necessity and a one time occurrence. I have made offers to repay the funds and am undertaking financial counselling.

 

[james martin]

Generally the penalties imposed by a court for a first offense are less than for repeat offenders. The reasons for a reduction in penalty may include:

1) Good character
2) Need for rehabilitation
3) Greater remorse

 

[Sarah J]

Hi Helen1585,

Stealing from an employer is seen as a serious offence in QLD. This is because the theft arises from a position of trust (taken to have breached the trust of your employer) and have been a big problem in the past. Therefore, the Criminal Code 1899 (Qld) considers theft as a clerk or servant (maximum penalty of 10 years imprisonment) as more serious than simple theft (maximum penalty of 5 years imprisonment).

In QLD, theft of this kind will likely result in a criminal conviction, and sometimes, imprisonment.

You should contact a lawyer who can help make a persuasive plea in mitigation on your behalf. This will help make the court understand your situation and why you did what you did. It may sway the court to give you a lighter sentence.

Matters considered by court to lighten a sentence include:

• First offence (and clean criminal record);
• Remorse and taking responsibility for your actions;
• Cooperation with investigation;
• Loss of the employer (if you return the money then this will minimise the loss);
• Financial hardship ad your personal background;
• The amount taken in relation to the financial position of the employer (again, this goes to loss);
• Your character before and after the theft;
• Whether, aside from the theft, you have been dishonest (e.g. tried to cover it up or denied it when asked).