Theft, Robbery & Fraud Defence Lawyers Melbourne

Theft is taken seriously under Victorian law — here's what the penalties look like. Theft is an indictable offence with a maximum penalty of 10 years' imprisonment. The severity depends on factors such as:

• Value of the stolen property
• Offender's intent
• Prior criminal history

Reference: Crimes Act 1958 - Sect 74

Both are property offences but differ in nature:

• Burglary: Unlawful entry into a building with intent to commit theft or another crime.
• Robbery: Theft involving force or threat of force against a person.

Reference: Robbery & Theft Charges in Victoria

Here's how the law defines fraud in Victoria. Fraud involves deceptive conduct to obtain property, financial advantage, or cause a disadvantage. Common offences include:

• Obtaining property by deception
• Obtaining financial advantage by deception

Reference: Fraud Offences in Victoria

While both involve taking property, robbery includes the use or threat of force during the act of theft. Specifically:

• Theft: Taking property without consent.
• Robbery: Committing theft with force or intimidation.

Reference: Robbery Offences in Victoria

Penalties vary based on the offence's nature and severity. For example, obtaining property by deception can lead to up to 10 years' imprisonment. Factors influencing sentencing include:

• Amount involved
• Offender's role
• Impact on victims

Reference: Fraud Offences in Victoria

Yes, theft charges can sometimes be resolved without proceeding to a trial through mechanisms such as:

• Plea Bargaining: Negotiating with the prosecution to plead guilty to a lesser charge or receive a reduced sentence.
• Diversion Programs: For eligible individuals, particularly first-time offenders, the Criminal Justice Diversion Program allows for the resolution of charges without a formal finding of guilt, provided certain conditions are met.

Engaging in these alternatives often requires legal advice to navigate effectively.

Theft is defined as dishonestly appropriating property belonging to another with the intention of permanently depriving the owner of it. Key elements include:

• Dishonesty in the appropriation
• Property belonging to someone else
• Intent to permanently deprive the owner

Reference: Crimes Act 1958 - Sect 74

This offence involves dishonestly acquiring property through deceptive means, such as:

• False representations
• Concealing facts

It's prosecuted under Section 81 of the Crimes Act 1958.

Reference: Fraud Offences in Victoria

Potential defences include:

• Claim of Right: Belief in legal entitlement to the property.
• Lack of Intent: No intention to permanently deprive the owner.
• Duress: Coercion into committing the act.

Reference: Theft and Property Damage - Victoria Legal Aid

If accused:

• Seek immediate legal advice.
• Refrain from making statements without a lawyer present.
• Gather any relevant documents and evidence.

Reference: Fraud Lawyers Melbourne - Anthony Isaacs