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A commonly misinterpreted or less understood law is the offence of stealing. Under the law, stealing goes beyond taking the belongings or properties of others without their consent or desire. And this lack of knowledge is why the Court has to deal with lots of stealing offences each day.
(a) An intent to permanently deprive the owner of the thing of it;
(b) An intent to permanently deprive any person who has any special property in the thing of such property;
(c) An intent to use the thing as a pledge or security;
(d) An intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;
(e) An intent to deal with it in such manner that it cannot be returned in the condition in which it was at the time of the taking or conversion;
In the case of money—an intent to use it at the will of the accused, although the person may intend to afterwards repay the amount to the owner.
Stealing offences will show up on a Nationally Coordinated Criminal History Check in QLD. The offence is displayed in accordance with the rules of the QLD’s spent convictions scheme.
It is a stealing offence if a person takes away a possession/part of anything capable of being stolen even when it is not noticed that the thing is taken.
It also covers actions where the person fraudulently converted the property where;
Part 3, 4 and 5 of Section 391 of the Act also prohibits the illegal conversion of a property. It does not matter whether the conversion is done secretly or in an attempt to conceal the act. It also does not matter whether;
The Act does not consider it stealing if the converted item was lost by the owner and found by the person who converts it was at the time of converting;
Part 6 of Section 391 of the Act states that stealing is not complete until the person converting the item;
The Act considers it stealing if an employer refuses to pay an employee or others on their behalf, as previously agreed. It follows that the'
This section includes an Act of another State or the Commonwealth.
Industrial instrument means;
Special property, in a thing, includes;
(a) A charge or lien on the thing; and,
(b) A right arising from, or dependent on holding possession of the thing, whether by the person entitled to the right or by another person for the other person's benefit; and,
(c) A right of an employee, concerning the performance of work by the employee—
The Act defines a property or work of a person is capable of being stolen if;
If a wild animal on its free instincts wanders into an area and is killed by a person (hunted); the person is not stealing if;
They or anyone acting under them claims (takes) the animal before the real owner of the property where the animal has died claims it.
Cases of Lien and security interest
A party or agent is not deemed to have stolen if they deal with the goods or documents of title or other collateral entrusted in their care for sale.
If a person receives, either jointly or alone;
For the sale, mortgage or other disposition of the property, and a directive that the proceeds shall apply to the purpose, or be paid to a person.
Such money and proceeds are deemed to be the property of the person who receives them until the direction has been complied with.
However, if both parties have mutual agreements on credit and debits of their accounts, the person receiving the money cannot be charged with stealing.
Where there is an agreement between two parties/agents to sell or dispose of property for remittance to the owner;
If an agent or party receives money or property on behalf of another agent;
Stealing offences does not care or consider that the person stealing is;
The law considers all cases of stealing equally and deals with them following the Acts regulations.
Stealing offences usually mention fraudulent activities since they are an ever-present factor. Section 391 (2) of the Act defines fraudulence as;
Depriving the other person of the stolen item permanently. This is the usual case for stealing. A fraudulent action occurs under the law if the accused with the property;
The element of taking is satisfied if a defendant physically takes something and carries it away from the true owner. The slightest degree of movement can be sufficient. It is referenced in Wallis v Lane  VR 293.
Converting involves dealing with goods in a manner suspicious of the right of the true owner. It includes;
Examples of converting, include keeping something, selling it or changing its appearance.
The penalties for stealing are specified under the Criminal Code Act (Queensland). And all offenders found guilty of the crime are liable to sentencing and such offences will show up on a police check result. However, the law stipulates an imprisonment period of 5 years;
The Criminal Code Act stipulates specific penalties for these offences;
Stealing of wills or testamentary instrument, whether the testator is living or dead; the offender is liable to 14 years imprisonment
If the offender is sentenced to pay a fine for stealing 1 or more animals, the fines must be at least; 10 penalty units, including any term of imprisonment the court imposes.
If a person steals from a person involving any of the property is stolen from/in a;
The offender is liable to a 10 years imprisonment term for the following stealing offences:
Where a vehicle was stolen, the law stipulates punishments of 14 years imprisonment.
The law prescribes penalties of 10 years, especially if they were committed during;
The offence of defrauding, concealing, or tricking a person on terms of testaments or legal documents attracts penalties of;
Anyone who makes a thing moveable or isolated with the intent to steal is liable to punishments for the real offence.
A person with full knowledge and active participation in bringing stolen goods into Queensland will get the same punishments as if the offence was committed in Queensland.
Stealing offences are indictable offences that are dealt with summarily in the QLD Magistrate court. The defendant does not have a right to elect the matter to be heard in the District Court of Queensland.
However, by special provisions (s 552BA), if the value of the property stolen is above $30,000, there is provision for the charge to be dealt with on indictment in a District court.
Offences for stealing is a criminal offence and if convicted in a court, will show up on a criminal record check result.
Where applicable, the offence is disclosed in accordance with the spent convictions scheme of QLD (if the offence qualifies to be spent).
You can obtain your Nationally Coordinated Criminal History Check online via the Australian National Character Check (ANCC®) website.
Sections 391 – 406 of the Criminal Code Act 1899 (QLD) - https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1899-009
Section 522BA of the Criminal Code Act 1899 - http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s552ba.html
Fair Work Act 2009 (Cth) - https://www.legislation.gov.au/Details/C2017C00323
Wallis v Lane  VR 293 - https://victorianreports.com.au/judgment/view/1964-VR-293
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