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Theft & Stealing Lawyers Queensland
Queensland lawyers experienced in defending theft and stealing charges
Being charged with theft or stealing in Queensland can be stressful and confronting, particularly where it arises unexpectedly from a workplace issue, misunderstanding or momentary lapse in judgment.
Even seemingly minor theft charges can carry serious consequences, including a criminal record, fines and a prison sentence.
At Osborne Butler, our Queensland criminal defence lawyers provide clear, practical advice in theft and stealing matters from initial police contact through to court proceedings and resolution.
We act for clients across Cairns, Brisbane, the Gold Coast and beyond, handling every matter with discretion, professionalism and a focus on achieving the best possible outcome.
Call us if you're facing an theft & stealing charges
At Osborne Butler Lawyers, we’re experienced in defending all types of theft and stealing charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Use the form to ask us anything. We’ll respond in 24 hours.
What is theft and stealing in Queensland?
In Queensland, theft (often referred to as “stealing”) is defined under section 391 of the Criminal Code Act 1899 (Qld).
In simple terms, this says that a person commits theft if they dishonestly take something that belongs to someone else, with the intention of permanently depriving them of it.
This definition covers more than just obvious situations like shoplifting and applies to a wide range of everyday scenarios, including:
- Keeping money that was paid to you by mistake
- Using someone else’s property without permission and not returning it
- Taking items from a workplace or employer
- Taking goods from a store without paying
- Transferring money or assets without proper authority
How can you defend theft in court?
For an offence to be made out in Queensland, the prosecution must generally prove that:
- The property belonged to someone else
- You took or dealt with it without consent
- You acted dishonestly and
- You intended to permanently deprive the owner of it
If the prosecution can’t prove one or more of these elements you may be able to defend the charge.
Common misconceptions about theft offences
Often people assume their conduct is not theft but the law may treat it differently.
For example:
- “I was going to give it back”
If there was an intention to return the item in its original condition, this may be relevant but whether it is enough to overcome theft charges depends on the facts and timing. - “It was only a small amount”
The value of the property affects the penalty, not whether an offence has occurred. - “It was a misunderstanding”
Genuine mistake or lack of intent can be a defence but it needs to be properly established. - “It belonged to someone I know”
Theft can occur even between friends, family members or colleagues.
Types of theft and stealing offences
In Queensland, theft and stealing offences cover a range of conduct under the Criminal Code Act 1899 (Qld), with different categories carrying different definitions and penalties, depending on how the alleged offence occurred.
We’ve set out some of the most common types of theft-related offences below.
Stealing (general theft)
This is the most common form of theft and is defined under section 391. It covers situations where a person is alleged to have taken property belonging to someone else without consent.
Examples include:
- Shoplifting from retail stores
- Taking items from another person or their property
- Keeping money or goods that were not intended for you
Stealing as a servant or employee
This offence applies where someone is accused of stealing from their employer (section 398). It’s treated more seriously because it involves a breach of trust.
Common scenarios include:
- Taking cash from a register
- Diverting business funds
- Removing stock or equipment from a workplace
Fraud and dishonest conduct
Fraud offences involve dishonesty or deception to obtain a benefit and are covered by section 408C.
These can include:
- Obtaining money or goods by false pretences
- Misusing company funds or financial systems
- Online or digital transactions involving dishonesty
Receiving stolen property
A person can be charged even if they did not steal the property themselves (section 433).
This offence applies where someone:
- Receives, possesses or deals with property
- Knowing, or having reason to suspect, it was stolen
Aggravated or more serious stealing offences
Certain circumstances can make a theft offence more serious, including:
- High-value property
- Stealing involving a breach of trust
- Offences involving multiple incidents over time
- Stealing from vulnerable people or in sensitive environments
These factors can affect how the matter is charged and the potential penalties.
How We Can Help You
40+ Years Combined Experience
When you engage Osborne Butler, your matter will be handled by experienced lawyers who will be by side every step of the way.
Available 24/7
The earlier you have a lawyer on your side, the better chance you have of achieving a favourable outcome.
We Fight For Your Future
Our promise goes beyond words. We're in your corner, championing your rights and fighting fiercely for your future.
Fixed Price Costing
We offer our clients the option of a fixed price for our services ensuring transparency and no surprises.
Our Commitment To You
We treat our clients with empathy and respect. We’re dedicated to breaking down legal jargon and the complexities of the criminal justice process.
Your Privacy Is Our Priority
You can be assured of our strict confidentiality and sensitivity policy no matter how big or small the charge.
If you’ve been contacted by police or charged with a theft offence in Queensland, contact Osborne Butler Lawyers today for clear advice and experienced legal representation.
Need a Criminal Defence Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066
