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.
<strong>Goods worth $150 or less.</strong> Charged under section 5 of the <em>Regulatory Offences Act 1985</em> (Qld). This is a regulatory offence — not a criminal offence under the <em>Criminal Code</em>. The maximum penalty is a fine of 6 penalty units (currently $1,001.40). You cannot go to jail. The offence is less serious on your record than a <em>Criminal Code</em> conviction, but it still appears on a police check.
<strong>Goods worth more than $150.</strong> Police can — and commonly do — charge stealing under section 398 of the <em>Criminal Code Act 1899</em> (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 <a href="/fees/shoplifting-lawyer-cairns">shoplifting fee page</a> 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 <em>Criminal Code</em> 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 <em>Criminal Code</em> 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:
<strong>Standard stealing — 5 years.</strong> This is the base penalty under section 398(1) and covers most shoplifting and general stealing matters in the <a href="/cairns-magistrates-court">Cairns Magistrates Court</a>.
<strong>Higher-value or aggravated — 10 years.</strong> 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.
<strong>Vehicle theft or firearm for an indictable offence — 14 years.</strong> 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 <a href="/penalty-estimator">penalty estimator</a> gives sentencing data for stealing matters in Cairns.