Theft & Dishonesty Offences Lawyer Ballarat

Theft and dishonesty offences cover an enormous range — from shoplifting a low-value item, often resolved without a criminal record, through to large-scale fraud and armed robbery carrying lengthy terms of imprisonment. What these offences share is the element of dishonesty, and a conviction for any of them can seriously affect employment, professional registration and reputation, particularly in roles involving money or trust. McMahon Criminal Defence Lawyers defends every theft and dishonesty charge, at the Ballarat Magistrates’ Court — directly opposite our office — and across Victoria, on fixed fees. This page explains the main offences and links to detailed guides on each.

Theft (Section 72)

Theft is the central dishonesty offence in Victoria. Under section 72 of the Crimes Act 1958, a person steals if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. Each element carries legal meaning: “appropriation” means assuming any of the rights of an owner; “property” is broadly defined and includes intangible property; and the intention to permanently deprive is essential — an intention only to borrow is not theft. The maximum penalty is 10 years’ imprisonment (section 74), though a single charge heard in the Magistrates’ Court is subject to a 2-year maximum.

Importantly, dishonesty is assessed subjectively: a person does not act dishonestly if they genuinely believed they had a legal right to the property, even if that belief was mistaken or unreasonable. This “claim of right” is one of the most important defences in theft law.

The Main Theft & Dishonesty Offences

Beyond basic theft, Victorian law contains a family of related offences, each with its own elements and penalties. Several have their own detailed guides:

Burglary & Aggravated Burglary

Entering a building as a trespasser intending to steal, assault or damage — with aggravated burglary (involving a weapon or a person present) carrying up to 25 years. Read our guide to burglary ›

Robbery & Armed Robbery

Theft combined with force or the threat of force — with armed robbery carrying up to 25 years. Read our guide to robbery ›

Handling Stolen Goods

Dishonestly receiving or dealing with goods known or believed to be stolen — which, surprisingly, carries a higher maximum (15 years) than theft itself. Read our guide to handling stolen goods ›

Criminal Damage

Intentionally or recklessly destroying or damaging property belonging to another — frequently charged alongside theft or assault. Read our guide to criminal damage ›

Fraud & Deception Offences

Obtaining property by deception (section 81) and obtaining a financial advantage by deception (section 82) each carry up to 10 years. These cover a wide range of dishonest conduct, from false representations to elaborate schemes. Read our guide to fraud and deception ›

Penalties for Theft & Dishonesty Offences

Penalties vary enormously with the offence and the circumstances. Minor theft commonly attracts a fine, an adjourned undertaking, or a community correction order, while serious offences involving large sums, breaches of trust, weapons or violence can attract substantial imprisonment. The key factors a court considers include the value of the property, the sophistication and duration of the offending, any breach of trust (for example theft from an employer), your personal circumstances and your prior history. For many first offenders, particularly in lower-value matters, a diversion or a finding of guilt without conviction can be achievable — avoiding a criminal record entirely, which is often the most important outcome given the employment consequences of a dishonesty conviction.

Defences to Theft & Dishonesty Charges

The right defence depends on the charge, but commonly includes:

• Claim of right — a genuine belief in a legal entitlement to the property, which negates dishonesty;
• No intention to permanently deprive — for example, an intention only to borrow;
• No dishonesty — the conduct was not dishonest by the relevant standard;
• Factual dispute or mistaken identity; and
• Negotiated resolution — withdrawal, a reduced charge, or diversion, often supported by restitution.

What To Do If You Are Charged

Because dishonesty convictions carry such significant employment and reputational consequences, the outcome strategy matters from the outset. Do not speak to police before getting advice. Your matter will usually begin with a mention hearing, and we offer a free initial consultation and fixed fees for all theft and dishonesty matters. Contact us to discuss your charge.

Frequently Asked Questions

Can I avoid a conviction for shoplifting or minor theft?

Often, yes. For a first offence involving low value, a diversion or an adjourned undertaking without conviction may be available, which avoids a criminal record. Diversion resolves the charge without any finding of guilt. Whether it is available depends on the value, your history and prosecution consent — we can advise on your prospects.

Does a theft conviction affect employment?

Yes — significantly. A conviction for any dishonesty offence can affect your ability to obtain or keep employment, particularly in finance, childcare, healthcare, government, or roles requiring security clearances or police checks. This is why avoiding a recorded conviction is so often the priority in these matters.

What is the difference between theft and robbery?

Theft is the dishonest taking of property. Robbery is theft combined with the use of force, or putting a person in fear of force, immediately before or at the time of the taking. The violence or threat makes robbery a significantly more serious offence, carrying up to 15 years, or 25 years for armed robbery.

What is a ‘claim of right’ defence?

A person does not act dishonestly if they genuinely believed they had a legal right to the property, even if that belief was mistaken or unreasonable. Because dishonesty is assessed subjectively, a genuine claim of right is a complete defence to theft — it is one of the most important defences in this area.

Will I have to go to the County Court for a theft charge?

Most theft and dishonesty matters are heard in the Magistrates’ Court, where a 2-year maximum applies to a single charge. More serious matters — large-scale fraud, aggravated burglary, armed robbery — proceed to the County Court. Which court hears your matter depends on the charge, the value and the circumstances.

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