Shoplifting Lawyer Cairns — Fixed Fee
$1,500 — Fixed Fee
Shoplifting plea — Cairns Magistrates Court — $1,500 fixed Covers : initial consultation, review of the prosecution brief and CCTV evidence, advice on whether a conviction is likely to be recorded, sentencing submissions, and full court appearance. No hidden fees. One invoice. Higher-value theft, theft from employer, or matters with aggravating features — see Stealing & Theft ($2,100) or Fraud ($3,200). All fees +10% GST.
What Is Included
Initial consultation to review your charge and the prosecution evidence Review of any CCTV footage, witness statements, and the QP9 Honest advice on whether a conviction is likely to be recorded — and what that means for your situation Preparation of written sentencing submissions for the Magistrates Court Guidance on character references and any supporting material Full appearance by Sacha at your sentencing hearing Post-sentence advice on any conviction recorded, conditions imposed, and any employment or professional consequences This page covers shoplifting and retail theft. For higher-value stealing, theft from an employer, or receiving stolen property, see Stealing & Theft Lawyer Cairns .
What You Are Actually Facing
Shoplifting is one of the most common criminal charges in Cairns — and for many people, their first contact with the criminal justice system. The biggest concern for most people is not the penalty itself, but whether a criminal conviction will go on their record. In Queensland, the answer depends on how the charge is framed: Items valued at $150 or less — dealt with as a regulatory offence under the Regulatory Offences Act 1985 (Qld). The only penalty is a fine. Imprisonment is not available, and the matter is less serious on your record. Items valued above $150 — police can and commonly do charge stealing under s 398 of the Criminal Code Act 1899 (Qld), which carries a maximum of 5 years imprisonment and a permanent criminal record if convicted. The distinction matters enormously. A section 12 order under the Penalties and Sentences Act 1992 (Qld) — guilty finding, no conviction recorded — is a realistic outcome for first-time shoplifting offenders with proper submissions. Getting there requires preparation.
What Changes the Outcome
The value of the goods. Courts treat a $50 item from a supermarket very differently from a $500 item from an electronics store. Where the value is at or near the $150 threshold, whether the matter is charged as a regulatory offence or a Criminal Code offence can be the most important question. Your criminal history. A first offence with no prior record sits at the lower end of the sentencing range. A second or third shoplifting offence changes the picture significantly. Sacha will tell you honestly where your history places you. Your personal circumstances. Financial hardship, mental health issues, and personal crisis at the time of the offence are relevant to sentencing. The court considers the person, not just the offence. Whether a conviction should be recorded. For a first offence with genuine mitigating factors, the Magistrates Court has discretion to deal with the matter without recording a conviction. This is the primary focus in most shoplifting pleas — the practical consequences of a conviction (employment checks, professional registration, visa issues) often matter more than the fine. Steps taken since the charge. Completing a counselling program, making restitution, or taking other steps since the offence demonstrates engagement and reduces the perceived risk of reoffending.
FREQUENTLY ASKED QUESTIONS
Will I get a criminal record for shoplifting? Not necessarily. For first offenders, a section 12 order — guilty finding, no conviction recorded — is a realistic outcome with the right submissions. Whether it applies in your case depends on your history, the value involved, and how the matter is presented. Sacha will give you an honest assessment at the first consultation. Can shoplifting affect my job? A conviction for a dishonesty offence — including shoplifting charged under the Criminal Code — can affect employment checks, professional registration, working with children clearances, and security clearances. If you hold a professional licence or work in a regulated industry, Sacha will advise on the specific consequences at the first consultation. What if the store has already banned me? A store ban is a civil matter between you and the retailer. It does not affect the criminal proceeding. The criminal charge proceeds regardless of any civil action the store has taken. I was stopped but I intended to pay — is it still shoplifting? Whether you had the intent to permanently deprive the store of the goods is an element the prosecution must prove. If you genuinely intended to pay, that may be a complete defence. This is a question Sacha can assess from the facts — including CCTV footage and what you said to loss prevention or police at the time. Can I avoid court altogether? Not if you have been charged. Once police issue a charge, the matter must be dealt with in court. However, for very minor regulatory offences, the matter can often be resolved at a single court appearance.