Property Offences

Fraud means obtaining any money, property, valuable security or service by deceit, falsehood, or other fraudulent means. Fraud is often associated with sophisticated schemes, but can include such simple behaviour as promising to pay for an item without intending to do so.

Like theft, fraud is divided into two categories: fraud up to $5000 and fraud over $5000.

Being convicted of a theft charge can have serious consequences, up to time in jail. Even if it is your first time being charged, you may end up with a criminal record which could hurt your job prospects in the future. Having a lawyer to defend you on these charges could be a great help to keep you criminal-record free.

Much like being in possession of property obtained by crime, it is a crime to be in possession of proceeds obtained by crime. For example, if stolen property is sold for cash, it is a crime to be in possession of that cash.

The mental element, or mens rea, of the offence has to be established for a person to be guilty. Knowledge that money is proceeds of crime or wilful blindness to the source of the money can result in a conviction.

It is a crime to be in possession of property that was obtained by the commission of a criminal offence. There is no requirement that the person in possession of the property is the same person who committed the offence.

Like all criminal offences, there is a mental element to this crime. The person charged must know that the property was obtained by crime. However, that knowledge can be proven in several ways.

One way to prove knowledge is through the doctrine of recent possession. The doctrine of recent possession is a common law rule which states that if property was recently stolen, it can be inferred that the person in possession of the property knows the property was obtained by crime.

Another way to prove knowledge is through wilful blindness. To be wilfully blind, a person must ignore a real suspicion in their mind that the property was obtained by crime.

Being convicted of possession of stolen property can have serious consequences, up to time in jail. Even if it is your first time being charged, you may end up with a criminal record which could hurt your job prospects in the future. Having a lawyer to defend you on these charges could be a great help to keep you criminal record free.

‘Shoplifting’ is the term used to describe stealing from a store, as opposed to stealing from another person. This is one of the most common occurrences of theft. Many stores have signs posted stating that shoplifters will be prosecuted. What this means is that the store intends to call the police when they suspect someone of stealing from their store so that the police can arrest and charge the suspect.

It is common for large retailers to employ loss prevention officers, or LPOs. These are individuals employed to investigate thefts occurring in the store and to detain suspected shoplifters until police arrive.

Being convicted of a shoplifting charge can have serious consequences, up to time in jail. Even if it is your first time being charged, you may end up with a criminal record which could hurt your job prospects in the future. Having a lawyer to defend you on these charges could be a great help to keep you criminal-record free.

Theft from an employer is considered more serious than theft from a person. Stealing from an employer carries a higher risk of a jail sentence. The reason that theft from an employer carries higher penalties is that there is a relationship of trust between employers and employees. Employees often have access to company money in order to perform their jobs, and employers count on their employees to act in good faith. A breach of trust is an aggravating factor on sentencing for theft.

Being convicted of a theft charge can have serious consequences. The court of appeal has indicated that an appropriate setnece for a first-time theft from employer is a period of incarceration. You may also end up with a criminal record which could hurt your job prospects in the future. Having a lawyer to defend you on these charges could be a great help to keep you criminal-record free.