Please be ready with your application reference number starting with 'P'. For example P1234567
Many of the offences charged as stealing have separate legislation and punishments stipulated under the Criminal Code Act Compilation Act 1913 for WA. Some of the violations people group under the ambiguous stealing offences are treated like any of;
Robbery and Burglary are a serious criminal offence. If a person is convicted in WA, the offence will show up as a disclosable court outcome on their national police check in WA.
Due to the seriousness of the offence. The offence will stay on the individual's criminal record for life and in most circumstances will not be eligible to get cleared after a certain period of time as elapsed as per WA’s spent convictions legislation.
Following the Criminal Code in WA, the Court can only be satisfied with a criminal charge where;
The item that is "stolen" is a property that is "capable of being stolen". It includes non-movable property, unique property and animals.
The accused person acquired the stolen property by;
Under the Criminal Code, the criteria for a “stealable property” is;
Every inanimate thing, whatever is the property of any person, and which is movable, is capable of being stolen.
Every inanimate thing which the property of any person is and is capable of being movable. It also includes; items capable of being stolen as soon as it becomes movable, although it is made portable to steal it.
Every tame animal, whether domestic by nature or wild by nature and tamed, which is;
Excluding tame pigeons or birds that are not capable of being stolen except while they are in a pigeon-house or on their owner’s land.
In this context, property refers to all descriptions of real and personal items, including;
Generally, a court will find you guilty of robbery if, during or immediately before the Offence, they used force, threats or attempts of violence.
Section 392 of the Code stipulates that the following must occur before a stealing offence can be called a Robbery offence. The prosecutor must prove that;
Robbery offences in WA are termed indictable offences and are handled/finalised in a District Court after a committal hearing.
If the accused is an adult under the law, the committal hearing occurs in a Magistrate Court. Otherwise, it is heard in a Children's or Juvenile Court.
The offence of robbery in WA and Australia is usually a grievous one. In most cases, the Court will preclude any opportunity for an intervention program. If the Jury/Judge finds you guilty of these offences;
Another part of a robbery offence is assaulting a person in WA with the intent to rob them. The prosecutor must prove that the assault was;
Under the District Court, the Offence is punishable under Section 393 of the Criminal Code with a 10 years imprisonment term. However;
If you receive property or proceeds of a property that is obtained through;
The Court will convict you of the indictable Offence that led to receiving such property. The Court will sentence such offender to;
To prove the receiving of anything, the prosecutor must show that the;
Receiving after the (illegal) change of ownership
When a thing has been obtained through any;
Under Section 396 of the Act; the penalty for such crime is 3-year imprisonment, and its illegal actions include;
Any person who, with a plan to steal
Demands it from another with threats of any injury, or,
Allows some harm of any kind to be caused to the victim if the demand does not comply.
Section 401 of the Criminal Code in WA defines a Burglary offence as actions including any of these actions;
Burglary offences are prosecuted as a case with aggravation.
The cases for aggravation of such offences include circumstances where the accused;
Unlike a Robbery offence, Burglary offences can be handled as summary or indictable offences depending on the circumstances around the Offence.
Burglary matters held in a Magistrate do not usually involve significant penalties and may even be exchanged for an intervention program if the Magistrate deems it appropriate. However, issues handled by the District Court are generally for serious indictable and aggravated Burglary charges.
The District court matters are settled by a jury or judge and incur more severe consequences.
For matters dealt with in a Magistrate Court, the court issues penalties up to;
If the place where the burglary offence happened was a human habitation, without aggravating circumstances, the Court might impose penalties up to;
For all other cases of aggravation with a Burglary offence, the Court imposes penalties up to 3 years imprisonment term and a $36,000 fine.
The convictions for this Offence include cases where a person committed a crime in another person's position without their consent.
The District Court will impose the following penalties;
However, if the Offence is treated as a summarily in a Magistrate court;
Where the circumstance of aggravation is that the offender is in company with other persons — the law stipulates imprisonment for three years and a fine of $36,000; or
If the Offence is occurred in circumstances of aggravation, the maximum penalty is three years and a fine of $36,000.
However, the Court will consider the following factor before handling the matter summarily or as indictable offences;
If the Offence occurred in the place is an offence against property and the property's value is more than $50,000, the Offence is not to be dealt with summarily.
Under section 401A (4) of the Act, where a person convicted under this section of a home burglary (the current Offence) is a repeat offender, whether or not the conviction for the current Offence is relevant, the court sentencing the person for the current Offence.
If the Offence occurred before the commencement day;
For adults, the Court must impose a mandatory 12 months imprisonment term
For Juvenile offenders, the Court must impose;
For offences committed on or after the commencement;
For adults, the Court must impose a 2-year imprisonment term.
Such actions for repeat offenders cannot be suspended or exchanged for any other program. Furthermore, these actions do not prevent the Court from making special orders under part 7, Division 9 of the Act.
The Offence for extorting a person with threats include;
If the Court finds a person guilty of any such offences, it will impose penalties of;
For such offences, and this context;
It is whether the person accused or threatened to be accused even when they have not committed the offence.
The best help to get if summoned to Court for any of these offences is to contact an experienced lawyer. As your legal adviser and representative, they can help you by exploring any of these defences;
If you are found guilty by the court in WA, the offence for Robbery or Burglary will show up on a Nationally Coordinated Criminal History Check certificate.
You can obtain your criminal background check online via the Australian National Character Check (ANCC) website.
Criminal Code Act Compilation Act 1913 (WA) - https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_43810.pdf/$FILE/Criminal%20Code%20Act%20Compilation%20Act%201913%20-%20%5B19-o0-00%5D.pdf?OpenElement
Criminal Code Act Compilation Act 1913 (AUSTLII Notes) - http://classic.austlii.edu.au/cgi-bin/sinodisp/au/legis/wa/consol_act/ccaca1913252/notes.html?stem=0&synonyms=0&query=Criminal%20Code%20Act%20Compilation%20Act%201913
Young Offenders Act 1994 (WA) - https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1101_homepage.html
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