Stealing and Theft Offences

DISHONESTY OFFENCES

Those charged with offences of dishonesty such as Fraud, Theft, Larceny as a Servant, Stealing have motivations based on either greed/financial advantage, addiction - drugs or gambling. They are often family members who have concealed a terrible secret or repeat offenders.

Please follow the links to some cases which provide good examples of dishonesty offences.

Convictions of a dishonest nature have a terrible impact on career and family, financially abusing loved ones, and rendering the offender less employable due to having such a conviction record. Defences to dishonesty offence include a claim of right: Fuge [2001] NSWCCA 208. However if you were found in recent possession of stolen goods you may have some difficulties: Bruce (1987) 74 ALR 219.

Good in custody is a common offence and most often applies to those purchases individuals make knowing them to be suspicious Grant (1981) 147 CLR 503.

These types of matters, and in particular fraud matters, are notoriously difficult to prosecute. The complexity of transactions and the prosecution's need to attribute specific actions to individuals makes this an area that is heavily litigated. Fraudulent misappropriation: Stephens (1978) 139 CLR 315; Andrews (1968) 126 CLR 198.

Trials are often run in front of juries who may struggle to understand the complexities of the transactions and wade through the evidence. We have a team of experts ready to defend such allegations. Many defendants are scape goats or incorrectly attributed certain actions by the prosecution. Many defendants are victims themselves of elaborate scams. With the right representation these matters are well defended.

Those family members who have drug addictions often face Robbery. Robbery cases: Delk (1999) 46 NSWLR 340, 106 A Crim R 240; Leoni [1999] NSWCCA 14; Button and Griffen (2002) 54 NSWLR 455. Break and Enter (B&E) offences: Stanford v Regina [2007] NSWCCA 370; Button and Griffen (2002) 54 NSWLR 455.

These property related offences are now categorised in such a way that aggravating elements, such as a person being at home whilst the stealing is committed, significantly increases the penalties. These are treated seriously and attract imprisonment of varying terms. Like robbery matters, B&E matters are predicable. Demanding money with menaces is a common offence: Kuo [1999] NSWSC 1201.

Further selected stealing cases: Illich (1986)162 CLR 110; Macleod [2003] HCA 24; Foster (1967) 118 CLR 117; false pretences: Greene (1949) 79 CLR 353. There are many other charges that involve violence and you may consult the Crimes Act through this link to inform yourself.

Please note that we do not accept legally aided matters.