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s131.1 Theft (Commonwealth)

Have you been charged with Commonwealth Theft?

Commonwealth Theft is a serious charge, so it is important that you consider possible defences that may be available to you.

Can the prosecution establish all the elements of the offence? Do you have a legal claim to the property alleged to be stolen? Were you mistaken in believing you were allowed to take the property? Was the property identifiable as belonging to the Commonwealth?

These are just some of the questions you will need to consider. Seek expert legal advice as soon as possible.

For more information on the charge of Commonwealth Theft, please read below.

The offence

Section 131.1 of the Criminal Code Act 1995.

The prosecution must prove:

  1. The defendant dishonestly appropriates property belonging to another with the intention of permanently depriving the other of the property; and

  1. The property belongs to a Commonwealth entity.

The maximum penalty

10 years imprisonment.

Where will my case be heard?

A charge for Commonwealth Theft will most likely be heard in the Magistrates’ Court, unless the value of the property is over $100,000 in which case the charge may be heard in the County or Supreme Court.

What to do next

As a charge of Commonwealth Theft can result in a lengthy imprisonment if proven, it is vital that you make an appointment with our expert criminal lawyers as soon as possible to ensure adequate time to prepare your defence.

The legislation

Section 131.1 Theft

(1) A person is guilty of an offence if:

(a) the person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of the property; and

(b) the property belongs to a Commonwealth entity.

Penalty:  Imprisonment for 10 years.

(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of theft.

(3) Absolute liability applies to the paragraph (1)(b) element of the offence of theft.

(4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

Theft Charges

Criminal Code Act 1984

s131.1 Theft (Commonwealth)

Crimes Act 1958

s74 Theft

s76 Burglary

s77 Aggravated Burglary

s91 Going Equipped for Stealing

Summary Offences Act

s49D Possessing Housebreaking Implements

s49E Escaping from Lawful Custody

s53 Making False Reports to Police etc.

Case Studies

Armed Robbery Defense Frankston Children’s Court

Aggravated Burglary Charges Frankston

Bail – Aggravated Burglary

Charges of Burglary & Theft

Theft and Fraud Diversion

Diversion For Theft

Breach Suspended Sentence

Burglary Dandenong

Theft Case Example

Dishonesty Offences

Aggravated Burglary Case Study

Drug Court Dandenong

Theft from Employer Frankston

Theft from Employer

Appeal – Burglary

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

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