Theft and Receiving in South Australia
Theft and receiving charges in South Australia can lead to imprisonment and ruin your future. We help you avoid substantial fines, imprisonment and criminal records.
Theft and Receiving Lawyers Adelaide
Theft and receiving stolen property are serious criminal offences in South Australia. Talon Legal offers strategic, discreet, and aggressive legal defence across Adelaide and South Australia. Book a free 30-minute consultation to get started.
What is Theft?
Theft, also known as larceny, is defined under section 134(1) of the Criminal Law Consolidation Act 1935 (SA).
A person steals if he or she dishonestly appropriates property belonging to another with the intention of permanently depriving the other person of it.
A person is guilty of theft if they deal with property dishonestly, without the owner’s consent, and with the intention of permanently depriving the owner of the property or making a serious encroachment on the owner’s proprietary rights.
What is Receiving?
Receiving stolen property is considered a species of theft (sometimes called “handling stolen goods”). It refers to knowingly taking possession or control of property that you know (or should reasonably know) to be stolen.
Receiving stolen property is a distinct offence, even if the individual did not participate in the original theft.
If a person is charged with receiving, the court may, if satisfied beyond reasonable doubt that the defendant is guilty of theft but not that the theft was committed by receiving stolen property from another, find the defendant guilty of theft.
Elements of Theft
The offence of theft comprises four elements:
- Dealing with property – This includes taking, obtaining, receiving, retaining, converting, or disposing of the property.
- Without the owner’s consent – The dealing must be without the consent of the owner.
- Intention – The person must intend to deprive the owner permanently of the property or make a serious encroachment on the owner’s proprietary rights .
- Dishonesty – The person’s conduct must be dishonest according to the standards of ordinary people, and the person must know that they are acting dishonestly.
These elements must be proven beyond a reasonable doubt for a conviction of theft. If the prosecution cannot prove each of these elements, the defendant must be acquitted.
Penalty for Theft and Receiving SA
The penalties for theft and receiving in South Australia are severe.
Defences to Theft and Receiving
Claim of Right (Conduct)
Section 131(5) of the Act provides that a person does not act dishonestly if they honestly but mistakenly believe that they have a legal or equitable right to act in a certain way.
For example, if a person honestly believes they have a right to take a bicycle because they mistakenly believe it is their own, this could potentially form a defence to a charge of theft.
Claim of Right (Property)
Section 134(4) of the Act provides that if a person honestly believes that they have acquired a good title to property, but it later appears that the title is defective, the later retention of the property, or any later dealing with the property, by the person cannot amount to theft.
For instance, if a person purchases a car from a seller who does not actually own the car, the buyer’s later use of the car would not constitute theft if they honestly believed they had acquired a good title to the car.
Finder's Exemption
Section 131(4) of the Act provides that a person does not act dishonestly if they find property and keep or deal with it in the belief that the identity or whereabouts of the owner cannot be discovered by taking reasonable steps, and they are not under a legal or equitable obligation with which the retention of the property is inconsistent.
For example, if a person finds a $20 note on the street and keeps it, believing that the owner cannot be found, this would not constitute theft.
Honest Acquisition
Section 134(4) of the Act provides that if a person honestly believes that they have acquired a good title to property, but it later appears that the title is defective, the later retention of the property, or any later dealing with the property, by the person cannot amount to theft.
This defence is similar to the claim of right (property) defence and could apply, for example, where a person purchases a painting from an art dealer, honestly believing that the dealer has the right to sell the painting, but it later transpires that the painting was stolen
How is Theft Different from Deception or Fraud?
Theft and receiving differ from other property or dishonesty offences such as deception or dishonest dealing with documents.
Deception involves dishonestly obtaining property, services, pecuniary advantage, or causing a detriment by deception, while dishonest dealing with documents involves dishonestly destroying, defacing, or concealing a document with the intention of obtaining a benefit or causing a detriment.
These offences require different elements to be proven and may involve different types of conduct compared to theft and receiving.
For example, deception requires an act of deception, which is not required for theft or receiving, while dishonest dealing with documents involves dealing with documents, which is not necessarily involved in theft or receiving.
Will I go to Jail for Theft?
The likely penalty for theft or receiving will depend on a range of factors, including the value of the property involved, the circumstances of the offence, the offender’s criminal history, and any mitigating or aggravating factors.
However, given the seriousness of these offences, a term of imprisonment is a likely outcome, particularly for repeat offenders or where the value of the property involved is high.
What the Prosecution Needs to Prove
To secure a conviction for theft or receiving, the prosecution must prove beyond reasonable doubt that the defendant dealt with property dishonestly, without the owner’s consent, and with the intention of permanently depriving the owner of the property or making a serious encroachment on the owner’s proprietary rights.
How Talon Legal Can Help
Talon Legal is committed to providing tailored defence strategies for individuals facing theft or receiving charges in South Australia. We offer:
- Expertise in South Australian criminal law and court procedures.
- Comprehensive legal advice on available defences.
- Skilled negotiation and advocacy to seek a reduction in penalties where possible.
- Personalised support, ensuring you fully understand each stage of the legal process.
By combining meticulous research with a practical, client-focused approach, we ensure your voice is heard and your rights are protected at every step.
Whether we negotiate with the prosecution for a more favourable outcome or prepare a compelling defence for court, our goal remains the same – to secure the best possible result for you and your family.
Free 30 Minute Consultation
Are you facing allegations of theft, dishonesty, or receiving stolen goods?
Our experienced criminal defence lawyers in Adelaide will review the circumstances of your case, discuss possible strategies, and outline the next steps in a confidential setting.
Book a free 30-minute consultation today.
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