The Criminal Code WA provides for a number of offences relating to taking or obtaining goods or items which are not lawfully your own, including:

  • Stealing
  • Robbery
  • Aggravated Robbery
  • Threat with intent to extort
  • Burglary
  • Receiving Stolen Goods

Each of the above can be further exacerbated by being deemed to have occurred in ‘circumstances of aggravation”, which is defined in the Criminal Code and provides for heftier penalties if proven.

It is illegal to take, use, or hold someone else’s property without their permission. To do so is an offence. The manner in which the items or goods were received or obtained impacts upon which charge you are facing and the severity of the same. Stealing offences involving an assault or violence  are considered more serious than those which do not, and such use of violence often result in additional assault or violence related criminal charges being brought.

Penalties vary depending on which charges and how many charges you are facing, with reference to any history of violence and the circumstances in which the incident occurred. In relation to items which have been taken which can be valued, an order for restitution can often be sought as part of the penalty, meaning that the court may order you to pay that person back their goods, or the value of the same.

Our office can assist in preparing a defence and bringing your matter to trial, identifying viable legal defences, making a Plea in Mitigation on your behalf and, if appropriate, making an application for a spent conviction order.

Need Advice?

For more information, get in touch with our team of lawyers at Dwyer Durack today.