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s74 Theft

Have you been charged with the Offence of Theft?

Theft is a serious charge than can carry large penalties if proven, including imprisonment. It is important to consider whether the prosecution can prove all elements of the offence, and if there are any factors which may aid your defence.

Did you take the property without the owner’s consent or do anything to interfere with their use of the property? Can the object in question be defined as property? Could the property be clearly identified as belonging to another person? Did you intend to deprive the owner of the property permanently? Did you have any legal claim to the property?

These are just some of the questions you should consider before telling a court how you intend to plead to this charge. Seek expert legal advice and representation as soon as possible.

Please read below for more information on this charge.

The offence

Section 74 of the Crimes Act 1958

The prosecution must prove:

  1. the defendant appropriated property belonging to another;

  2. the defendant did so with the intention of permanently depriving the other of the property; and

  3. the defendant acted dishonestly (Crimes Act 1958 s72).

The maximum penalty

Level 5 imprisonment being 10 years maximum.

Where will my case be heard?

A charge of Theft will most likely be dealt with in the Magistrates’ Court. However depending on the circumstances of the charge, such as if the value of the property exceeds $100,000 or the property was a motor vehicle, the charge can be heard in the County or Supreme Court.

What to do next?

Theft is a serious charge which can result in imprisonment. However, you may have defences to the charge. Contact us as soon as possible, so one of our experienced criminal lawyers can begin preparing your matter.

The legislation

Section 74 Theft

(1) A person guilty of theft is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) Section 80A applies as if the reference in that section to sections 81–87 (both inclusive) were a reference to this section.

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
Eureka House
11 Lydiard Street South
Ballarat VIC, 3350

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

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

Broadmeadows – (03) 9116 9500
StartNorth at Townhall
12 Dimboola Rd
Broadmeadows VIC 3047

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

© 2023 Dribbin & Brown

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Dribbin & Brown

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