Author: Una Ebsworth
Practice area: fraud offences
Una is a Director at Doogue + George, recognised by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 2014 with over 15 years of experience in serious indictable matters. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Una authored this content and last revised it for accuracy on 7 August 2026.
Charged with Theft in Victoria? Speak to a Specialist Criminal Lawyer Today.
A theft charge can turn your life upside down. You may be worried about losing your job, damaging your reputation, or even facing prison time.
But you don’t have to face this alone. Contact us now for a free, confidential consultation.
What is the offence of Theft – State?
Theft involves deliberately taking something that belongs to someone else without permission and with no intention of returning it. It is an offence under section 74 of the Crimes Act 1958 (Vic) and applies to a broad range of dishonest conduct involving property.
Key points
- Elements: Appropriation of property belonging to someone else, intention to permanently deprive, and dishonesty
- Type of conduct: Shoplifting, theft by finding, employee theft, motor vehicle theft, burglary-related theft, theft from a person, theft of intellectual property or data
- Court level: Most cases are dealt with in the Magistrates’ Court of Victoria
The maximum penalty for Theft – State is 10 years’ imprisonment.
Common defences may include No intent to permanently deprive (including believing you had permission or planned to return the item), lack of knowledge the goods were stolen, mistaken identity, ownership/right to possession dispute, duress or necessity.
Types of Theft Offences We Handle
We defend all types of theft charges, including:
- Shoplifting (Retail Theft)
Accused of taking items from a store without paying. Often a first-time offence or an honest mistake.
- Theft by Finding
Keeping something you found, like a lost phone or wallet, without trying to return it.
- Employee Theft
Allegations of stealing from your employer, including stock, cash, or confidential information.
- Theft of Motor Vehicle
Taking a car or vehicle without the owner’s consent.
- Burglary-Related Theft
Theft that occurs during an unlawful entry into a building.
- Theft from Person
Pickpocketing or taking belongings directly from another individual.
- Theft of Intellectual Property or Data
Unlawfully accessing or copying business information or proprietary material.
What to Do If You’re Charged With Theft
Being charged with theft can feel overwhelming. What you do in the early stages can have a major impact on the outcome. Here’s what you should do and what to avoid:
1. Do not speak to police without legal advice
Even if you think you can explain everything, speaking to the police without a lawyer can seriously harm your case. What you say may be used against you later.
2. Contact a criminal defence lawyer immediately
The sooner you speak with an experienced theft lawyer, the better. We’ll advise you of your rights, assess your case, and guide you through what comes next.
3. Gather documents or evidence
Save any receipts, text messages, CCTV footage, or other evidence that may help your case. Even small details can make a big difference.
4. Understand the possible penalties and defences
Theft charges can range from minor to very serious. A lawyer can explain what penalties apply in your situation and whether you may have a valid defence, such as lack of intent, honest mistake, or mistaken identity.
5. Don’t panic – there are often options
Many theft charges are resolved without gaol. With the right legal strategy, you may be able to avoid a conviction, keep your record clean, or negotiate a reduced charge.
Talk to a Lawyer Before You Say Anything.
Call us now for a confidential, free consultation.
Why Choose Doogue + George When Dealing with Theft Charges
- Over 47,000 cases defended
We bring decades of experience to every case, including complex and high-stakes theft matters.
- LIV-accredited criminal law specialists
Your case is handled by formally recognised experts in criminal defence, not generalist lawyers.
- Local knowledge and court experience
We appear daily in Magistrates’, County, and Supreme Courts across Victoria and understand how each court operates.
- Nationally recognised firm
Consistently ranked in Doyle’s Guide and active members of the Australian Defence Lawyers Alliance (ADLA).
Penalties for Theft in Victoria
Theft is a criminal offence under Section 74 of the Crimes Act 1958 (Vic) and carries a maximum penalty of 10 years’ imprisonment. But most cases don’t result in gaol, especially for first-time offenders or low-value thefts.
Possible outcomes include:
- Diversion (no conviction)
Available in low-level cases. You avoid a criminal record if the matter is resolved through the Diversion Program. - Adjourned Undertaking (with or without conviction)
You may be released under conditions like good behaviour or repayment of stolen property. - Fine
A financial penalty imposed, with or without a recorded conviction. - Community Corrections Order (CCO)
A non-custodial sentence involving unpaid community work, counselling, or treatment. - Imprisonment
Reserved for serious, repeated, or high-value theft offences. Gaol time may be immediate or suspended in some cases. A maximum prison term of 10 years is reserved only for the most serious cases.
Possible Legal Defences
Every theft case is different. Depending on the facts, you may have one or more valid legal defences. Common examples include:
You didn’t intend to steal
If you planned to return the item or believed you had permission, the prosecution may not be able to prove intent to permanently deprive.
You didn’t know it was stolen
Sometimes people are accused of theft after buying or receiving goods they didn’t realise were stolen.
Mistaken identity
CCTV footage, witness accounts, or police errors can lead to the wrong person being charged.
Ownership or right to possession
Disputes often arise where both parties believe they had a right to the property.
Duress or necessity
If you acted under pressure, threat, or urgent need, the circumstances may reduce your responsibility.
For first-time or low-level theft charges, early steps can make a big difference. In some cases, you may be eligible for the Diversion Program, which can resolve the matter without a conviction and keep your record clear.
The earlier you speak to a lawyer, the more options you’ll have.
Sentencing
Sentencing Outcomes in the Higher Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 74 — 3,054 charges across 115 cases, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 85.1% |
| Community Correction Order | 7.9% |
| Other | 2.8% |
| Youth Justice Centre Order | 2.4% |
| Fine | 1.8% |
Sentencing Outcomes in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 74 — 24,021 charges across 12,201 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 50.2% |
| Community Correction Order | 21.7% |
| Fine | 11.6% |
| Adjourned Undertaking | 11.3% |
| Other | 3.8% |
| Discharge/Dismissal | 1.3% |
Client Testimonials & Awards
Recent Case Studies
Obtain Property By Deception and Deal With Proceeds of Crime
Obtaining Property By Deception – Bookkeeper
Bail Application – Driving Offences and Other Charges
Find a Theft Lawyer Near You
Doogue + George has offices across Victoria and in Sydney, so you can get expert legal help wherever you are. Wherever you’re based, our team of criminal defence lawyers can appear in your local court and provide the right advice fast.
You can find help in our locations in:
Meet Your Team
Get Legal Help Today
Being charged doesn’t mean you’re guilty, and not every charge leads to gaol. What matters most is having the right lawyer on your side from the start.
At Doogue + George, we’ve defended thousands of theft cases. We know the courts, we know the law, and we know how to fight for your future.
