Stealing and Shoplifting Charges in Queensland
Property Offences — 2026-07-09 — by Sacha Sarah Smith, Civic Law
Stealing is the most common dishonesty charge in Queensland courts. The penalty depends on what was taken, how much it was worth, and whether a position of trust was involved. Here is how the charge works, what the $150 shoplifting threshold means, and how to protect your criminal record.
Stealing and shoplifting are the most common dishonesty charges in Queensland courts. The fine or community service is one thing — the criminal record is another. A dishonesty conviction affects job applications, professional registration, Blue Card eligibility, visa status, and security clearances. It follows a person differently from other types of convictions.
Whether a conviction is recorded depends on the charge, the value of the property, the history, and how the matter is prepared for court. In many first-offence cases — particularly shoplifting — the court has discretion to deal with the charge without recording a conviction at all. That result is achievable, but it requires preparation and targeted submissions.
Below is how stealing charges work in Queensland, what separates a regulatory shoplifting offence from a criminal charge, and what you can do before your court date to protect your record.
The $150 Line — Shoplifting vs Stealing
Queensland draws a hard line at $150 for goods taken from a shop. Which side of that line your charge falls on changes the court, the penalty, and the long-term consequences.
Goods worth $150 or less. Charged under section 5 of the Regulatory Offences Act 1985 (Qld). This is a regulatory offence — not a criminal offence under the Criminal Code . The maximum penalty is a fine of 6 penalty units (currently $1,036.20). You cannot go to jail. The offence is less serious on your record than a Criminal Code conviction, but it still appears on a police check.
Goods worth more than $150. Police can — and commonly do — charge stealing under section 398 of the Criminal Code Act 1899 (Qld). This is a criminal charge carrying up to 5 years in prison. If you are convicted, it goes on your criminal record as a dishonesty offence. Our shoplifting fee page explains what the fixed fee covers.
The value of the goods is the prosecution's assessment — and it is not always right. Where the alleged value sits close to $150, whether the charge is laid as a regulatory offence or a Criminal Code offence can be the most important question in your case. Sacha checks the valuation in the prosecution brief and, where the figure is contestable, addresses it before the plea.
How Stealing Is Charged
Stealing under section 391 of the Criminal Code means taking something that belongs to someone else — without their consent, dishonestly, and with the intention of keeping it. The charge covers shoplifting, stealing from your workplace, taking property from a car or a house, and stealing from another person directly.
The maximum penalty depends on the circumstances:
Standard stealing — 5 years. This is the base penalty under section 398(1) and covers most shoplifting and general stealing matters in the Cairns Magistrates Court .
Higher-value or aggravated — 10 years. The penalty increases where the property was worth more than $5,000, stolen from an employer or person in public service, stolen by a company director or officer, taken from a dwelling involving more than $1,000 or threats, taken from a vehicle, or involved a firearm.
Vehicle theft or firearm for an indictable offence — 14 years. Stealing a motor vehicle or stealing a firearm with intent to use it in a serious offence.
Most stealing matters in the Magistrates Court — lower value, no aggravating features, first offence — are resolved without jail. Your realistic outcomes range from a fine, to community service, to the court recording no conviction at all. The risk of actual imprisonment rises with the value, a breach of trust, or if you have prior dishonesty offences on your record. Our penalty estimator gives sentencing data for stealing matters in Cairns.
How to Avoid a Criminal Record
Under section 12 of the Penalties and Sentences Act 1992 (Qld), the Magistrates Court can find you guilty but choose not to record a conviction. You still receive a penalty — usually a fine or a good behaviour bond — but nothing appears on your criminal history . A standard police check will not show it.
For first-offence shoplifting and lower-value stealing, a no-conviction result is a realistic outcome — not a guarantee, but a realistic outcome with the right submissions. The court considers:
The nature of the offence. A single item from a supermarket sits at one end of the scale. Sustained stealing from an employer over months sits at the other. The less serious the conduct, the stronger the case for no conviction.
Your criminal history. A clean record is the strongest factor in a no-conviction application. A prior dishonesty conviction makes it harder — but not impossible, depending on how long ago it was and what has changed.
The impact a conviction would have on you. If a dishonesty conviction would cost you your job, your professional registration, or your visa — that is directly relevant. The court weighs the punishment of the conviction itself against the additional punishment of losing your livelihood.
What you have done since the charge. Paying restitution, completing counselling, obtaining strong character references — these demonstrate to the court that the offence was out of character and that you have addressed the behaviour. Sacha advises at the first consultation on which steps carry weight for your specific charge.
Our criminal record checker shows how a conviction could affect your employment, travel, and Blue Card eligibility. If protecting your record is the priority — and in most shoplifting and low-value stealing matters, it should be — that analysis starts at the first consultation.
Restitution — Why Paying Back Matters
Voluntary restitution — paying the victim back before sentencing — is one of the most effective things you can do to improve your outcome. The court gives significant weight to it because it is a concrete action, not a promise. It shows you understand the harm, you accept responsibility, and you have taken steps to put it right.
Full restitution before sentencing strengthens a no-conviction application. Even partial restitution — $500 towards a $5,000 loss, with a documented plan for the rest — is significantly better than nothing. Paying after sentencing, or promising to pay without evidence of effort, carries far less weight.
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Stealing From an Employer — Why It Is Treated Differently
Theft from an employer — charged as stealing as a servant under the Criminal Code — carries a maximum of 10 years instead of 5. Courts treat it as a breach of trust, and the sentencing range reflects that. Planning, duration, the amount involved, and the exploitation of access all factor into how seriously the court treats it.
If you are facing a theft-from-employer charge, the consequences extend beyond what the court does. Your employment is likely already gone. Professional licences, working with children clearances, and regulatory registrations may all be at risk — independently of what the court does. Sacha addresses those collateral consequences at the first consultation so you understand the full picture before any decision is made about plea.
The charge itself may be negotiable. Whether the prosecution can prove that the property was in your possession by virtue of your employment — rather than being property you happened to access while at work — determines whether the higher charge is made out. If the evidence does not support the elevated charge, Sacha will seek to negotiate it down before the plea.
What Happens at Court
Most stealing matters are dealt with in the Magistrates Court — even though stealing is technically an indictable offence under the Criminal Code . Lower-value matters are routinely dealt with summarily, which means a Magistrate hears the case instead of a judge and jury in the District Court .
If you are pleading guilty, the process is straightforward. Sacha obtains and reviews the prosecution brief — the QP9, any CCTV footage, financial records, and witness statements — before any decision about plea. If the evidence has weaknesses, or the prosecution's version of events is overstated, that is addressed through negotiations before the hearing. On the day, Sacha appears with you, presents the plea, and presents your case to the Magistrate — your circumstances, what you have done since the charge, and why a particular outcome is appropriate.
If you are contesting the charge — because you did not take the property, did not intend to keep it, or had a genuine belief you had consent — that goes to a defended hearing. The prosecution has to prove every element beyond reasonable doubt, including dishonest intent. Our court process guide walks through the full timeline from charge to outcome.
Call Sacha Sarah Smith on 0425 429 458 for a direct assessment of your charge — what the realistic outcomes are, whether a no-conviction result is achievable, and what preparation is needed before your court date.
Shoplifting — Fixed Fee
Stealing & Theft — Fixed Fee
Theft From Employer / Aggravated — Fixed Fee