Dishonesty Offences
Our experienced criminal lawyers are experts in dishonesty offences. Should you require specific advice or legal representation, please contact our criminal defence lawyers as soon as possible on (07) 3009 8444.
If you have been charged with an offence of dishonesty, we recommend that you contact our office as soon as possible. We deal with all kinds of dishonesty offences including:
- Stealing
- Attempted stealing
- Unauthorised dealings with shop goods
- Unlawful use or possession of motor vehicles, aircraft or vessels
- Fraud
- Robbery
- Demanding property by threats
- Burglary
- Receiving tainted property
- Possess property suspected of being tainted property
- Damage to property
- Stealing by clerks and servants
- Obtaining a financial advantage by deception
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What is Stealing?
A person who steals anything capable of being stolen is guilty of a crime under section 398 of the Criminal Code Act 1899 (Qld). This can include money, electricity, gas, water and a plant. Stealing carries the maximum penalty of 5 years. For stealing in certain circumstances, such as by persons in the public service or of wills, carries the maximum penalty of 14 years imprisonment. Stealing tends to be dealt with in the Magistrates Court, however should there be an aggravating feature, the matter will likely be dealt with in the District Court of Queensland.
What is Fraud?
Fraud involves deceptive, dishonest or unethical behaviour. You can be charged with fraud for stealing someone’s ID, creating fake identities, credit card fraud and cyber crime. Fraud is dealt with under section 408C of the Queensland Criminal Code and carries a maximum penalty of 5 years imprisonment. Should the offender be a director or officer of the corporation, and the victim is the corporation or is an employee of the victim, the maximum penalty is 14 years imprisonment.
Unlawful use of a Motor Vehicle, Aircraft or Vessel
Using a motor vehicle, aircraft or vessel without the consent of lawful owner is guilty of a crime and liable to imprisonment for 7 years under section 408A of the Criminal Code Act 1899 (Qld). If the motor vehicle, aircraft or vessel is used for the purpose of facilitating the commission of an indictable offence, the offender is liable to imprisonment for 10 years. Should the mechanism or equipment attached to the motor vehicle, aircraft or vessel be damaged, removed or interfered with, or intended to, an offender liable to imprisonment for 12 years. This charge is usually dealt with in the Magistrates Court, however may be committed to the District Court if the offending is of a serious nature or is associated with other serious offending such as burglary. If you have been charged with this offence and had an honest and reasonable belief that the owner or person in lawful possession gave you consent, this may act as a defence for you in court. To discuss other possible defences that may be available in your circumstances, please contact our office.
Are Dishonesty Offences Serious?
Apart from the significant penalties, being convicted of a dishonesty offence can have adverse impacts on your future. Employers may be reluctant to hire employees who have a history of dishonesty offences which may significantly affect your ability to maintain your employment or find new employment.
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Please note, the information above is general in nature. If you are charged with an offence, we recommend that you contact one of our criminal defence lawyers to discuss your personal situation. There is no substitute for personal advice.
