Stealing & Theft Lawyer —
Cairns & Far North Queensland — Fixed Fee
$2,100 — Fixed Fee
Fixed Fees: Stealing or shoplifting plea — Cairns Magistrates Court — $2,100 fixed Theft from employer, higher-value property, aggravated circumstances, or where imprisonment is a real prospect — $4,800 fixed Covers : initial consultation, review of the prosecution brief and QP9, advice on charge and facts, sentencing submissions, character reference guidance, court appearance, and post-sentence advice. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review your charge, the prosecution brief, and the circumstances of the alleged offence Honest advice on the likely penalty range and the realistic outcomes for your specific charge Review of any CCTV, surveillance footage, or witness statements in the brief Advice on whether the charge or the alleged facts can be negotiated with the prosecution Preparation of written sentencing submissions tailored to your circumstances 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 professional disclosure consequences This page covers stealing, shoplifting, unlawful use of a motor vehicle, and receiving tainted property. Robbery — which involves violence or threats — is a separate, more serious charge. See Robbery Lawyer Cairns.
What You Are Actually Facing
A theft or dishonesty conviction follows you in ways that go beyond the sentence imposed in court. Employment checks, professional registration, working with children clearances, and immigration assessments all turn on criminal history. For many people facing a stealing charge, the criminal record consequence is a bigger concern than the penalty itself. The most important question in many stealing matters — particularly for first offenders and lower-value matters — is not whether you will go to jail. It is whether a conviction gets recorded at all. A section 12 order under the Penalties and Sentences Act 1992 (Qld) — guilty finding, no conviction recorded — is achievable in the right circumstances. Getting there requires proper preparation and the right submissions before the Magistrate.
The Offences
Stealing — ss 391 and 398 Criminal Code Act 1899 (Qld) Stealing is defined under section 391 as fraudulently taking anything capable of being stolen, or fraudulently converting it to your own or another person's use, without the owner's consent and with the intention of permanently depriving them of it. The maximum penalty under section 398 is 5 years imprisonment in most cases. That increases to 10 years where the property was stolen from an employer or person in public service, stolen by a director or officer of a company, valued over $5,000, or taken from a dwelling in certain circumstances. Unlawful use of a motor vehicle (s 408A) carries a maximum of 10 years, increasing to 14 years with circumstances of aggravation. In practice, most Magistrates Court stealing matters — lower value, first offence, no aggravating features — resolve with a fine, community service, or no conviction recorded. The risk of actual imprisonment rises with the value involved, exploitation of a position of trust, or a prior criminal history. Shoplifting Items valued at $150 or less are dealt with as a regulatory offence under the Regulatory Offences Act 1985 (Qld) — the only penalty is a fine, and imprisonment is not available. Where the value exceeds $150, police can and commonly do charge stealing under the Criminal Code , which carries a maximum of 5 years and a permanent criminal record if convicted. Unlawful Use of a Motor Vehicle — s 408A Criminal Code Act 1899 (Qld) Section 408A covers using or possessing a motor vehicle, aircraft, or vessel without the consent of the person in lawful possession, intending to deprive them of its use — temporarily or permanently. There is no requirement to intend to keep the vehicle. The maximum penalty is 10 years imprisonment (increased from 7 years by the Strengthening Community Safety Act 2023). That increases to 12 years where the vehicle was used or intended to be used in the commission of an indictable offence or where the offender publishes the offending on social media, and 14 years where the offence is committed at night, involves violence or weapons, is committed in company, or involves damage to the vehicle. UUMV is dealt with summarily in the Magistrates Court in most cases. It regularly appears alongside or instead of stealing — particularly in joyriding matters, situations where the intent to permanently deprive is disputed, and domestic circumstances involving a shared vehicle. The charge is technically serious, but the realistic outcome for a first offender in an unplanned situation is usually non-custodial. Receiving Tainted Property — s 433 Criminal Code Act 1899 (Qld) Receiving tainted property means accepting, taking possession of, or keeping property that you have reason to believe was stolen or unlawfully obtained. The person receiving the property does not have to have been involved in the original stealing. The maximum penalty is 14 years imprisonment where the property was obtained by a crime, involves a firearm or ammunition, or the receiver was acting as a pawnbroker or dealer in second-hand goods. In other circumstances the maximum is 7 years. The offence can be dealt with in the Magistrates Court in its least serious form. The central issue in most receiving matters is whether you had reason to believe the property was tainted at the time you received it. That is a factual question where the circumstances matter enormously: the price paid, how the property was offered, who you received it from. Early legal advice shapes how those facts are analysed and presented.
What Changes the Outcome
The sentencing range across these offences is wide. The factors that determine where your matter sits are the ones Sacha works with before the hearing. The value of the property. Courts apply a sliding scale — a $200 theft from a supermarket is treated differently from a $15,000 theft from an employer. Where the alleged value is disputed or overstated, there is scope to address that before submissions are prepared. Whether a position of trust was involved. Stealing by employees, company officers, or agents carries a higher maximum penalty and is treated as an aggravating factor in sentencing. Courts assess the degree of planning, the period of offending, and the abuse of the relationship. These matters require more detailed preparation and more targeted submissions. Your criminal history. A first offence for a person with no prior record carries a very different sentencing range from a repeat dishonesty matter. If your history is adverse, Sacha will address it directly and work with whatever mitigating factors are available. Your personal circumstances. Financial hardship, personal crisis, mental health, and employment context are all relevant to how the court assesses culpability. Magistrates sentence the person in front of them, not just the offence. Sacha prepares submissions that put those circumstances before the court effectively. Whether a conviction should be recorded. The Magistrates Court has discretion under the Penalties and Sentences Act 1992 (Qld) to deal with a matter without recording a conviction where the circumstances warrant it. For a first stealing or shoplifting offence with strong mitigating factors and lower-value property, this is a realistic outcome. It is less available where the offending was planned, involved a position of trust, or where there is a prior history. Sacha will advise honestly on whether it applies in your case.
What Sacha Focuses On
The prosecution brief — including any CCTV, witness statements, and the QP9 — is reviewed before any submission is prepared. Where the evidence has weaknesses, they are identified early. Where the prosecution's version of the facts is overstated or contestable, Sacha addresses that before the plea is entered and, where appropriate, make representations to the prosecution. For plea matters, the written sentencing submissions address your specific circumstances: the nature of the offence, your history, your personal situation, and any steps taken since the charge. The difference between a conviction recorded and none, or between a fine and a probation order, comes down to what is placed before the court and how it is framed.
FREQUENTLY ASKED QUESTIONS
Will I get a criminal record for shoplifting? Not automatically. For first offenders and lower-value matters, a section 12 order — guilty finding, no conviction recorded — is a realistic outcome in the Cairns Magistrates Court with the right submissions. Whether it applies in your case depends on your history, the facts, and how the matter is presented. Sacha will give you an honest assessment at the first consultation. What is the difference between shoplifting and stealing? Shoplifting under the Regulatory Offences Act 1985 (Qld) applies only where the goods are worth $150 or less. The maximum penalty is a fine — imprisonment is not available. Above $150, police can charge stealing under the Criminal Code , which carries up to 5 years imprisonment and a permanent criminal record if convicted. Sacha will advise on whether the value alleged is accurate and whether there is scope to address the charge. I took a car without permission but returned it the same day. Am I still charged? Possibly. The offence of unlawful use of a motor vehicle under section 408A does not require an intent to permanently keep the vehicle — using it without consent is the offence. The fact it was returned is relevant to the circumstances and to sentencing submissions, but it does not remove the charge. Sacha will assess the specific facts and advise on the realistic options. I bought something and later found out it was stolen. What happens? The prosecution must prove you had reason to believe the property was tainted at the time you received it. If you genuinely had no basis to suspect it was stolen — based on the circumstances of the transaction — that is a complete defence. The question is whether the circumstances support that — the price paid, the manner of the transaction, what you were told. That analysis is worth getting right early. Can a stealing charge affect my visa or residency? Yes. A conviction for a dishonesty offence — including stealing, UUMV, or receiving — can have serious consequences for visa holders, permanent residents, and people with citizenship applications pending. Sacha will address this at the first consultation so you understand the full picture before any decision is made. What if the charge involves theft from my employer? Theft from an employer carries a higher maximum penalty of 10 years under the Criminal Code and is treated as an aggravated breach of trust. Employment, professional licences, and regulatory registrations are often directly at risk. These matters require careful preparation, detailed submissions, and early legal advice. Can the charge be amended or negotiated? In some cases, yes. Where a stealing charge is arguably overstated — for example, where the value alleged is incorrect, or where the facts support a less serious charge — representations to the prosecution before the plea date are appropriate. Sacha will advise whether that is a realistic avenue in your matter.