Theft & Fraud Lawyer
Cairns & Far North Queensland
You have been charged with stealing, fraud, or another dishonesty offence. You are thinking about your criminal record, your job, and what a dishonesty conviction means for your future. For many people in this situation, the criminal record is a bigger concern than the penalty itself. A dishonesty conviction can affect employment, professional registration, working with children clearances, and immigration status — long after the sentence is finished. What happens next depends on the charge, what the evidence actually shows, and how the matter is prepared for court.
Your Charge Determines What Happens Next
Dishonesty offences in Queensland are property offences under the Criminal Code Act 1899 (Qld). The charge you face — and the court that deals with it — depends on the nature of the alleged conduct, the value involved, and the relationship between you and the alleged victim. Stealing under the Criminal Code is the most common dishonesty charge in the Cairns Magistrates Court. It covers taking property — whether from a shop, a workplace, or another person. Shoplifting, stealing as an employee, and stealing from a dwelling are all charged under different sections of the Code with different maximum penalties. The range of outcomes is wide: a first-offence shoplifting matter dealt with summarily can result in a fine or no conviction recorded, while stealing as a clerk or servant involving significant amounts carries higher penalties and a real prospect of imprisonment. Fraud under section 408C of the Criminal Code covers dishonestly obtaining a benefit, or causing a detriment, by a false representation — or by failing to disclose information you were obliged to disclose. The charge captures a wide range of conduct: a single misrepresentation, Centrelink overpayment, identity fraud, or a complex multi-transaction scheme. What the prosecution must prove is the same in every case — dishonesty — but the scale of the alleged conduct determines the penalty range and whether the matter stays in the Magistrates Court or is committed to the District Court. Receiving tainted property under section 433 is a separate charge. If you are alleged to have received property knowing or believing it was stolen, the charge carries significant penalties even if you were not involved in the original theft. Unlawful use of a motor vehicle under section 408A is also a dishonesty offence. Taking or using someone else's vehicle without consent is not a traffic offence — it is a property offence under the Criminal Code . Sacha will tell you at the first consultation exactly where your charge sits, what court it will be dealt with in, and what the realistic range of outcomes looks like.
The Criminal Record Is Often the Real Concern
For many theft and fraud charges — particularly first offences involving lower values — imprisonment is unlikely. The real concern is the criminal record. A dishonesty conviction follows you differently from other types of offences. Employers, licensing bodies, and government agencies treat dishonesty convictions as relevant to trust and integrity. A conviction for shoplifting or minor fraud can disqualify you from employment in finance, health, education, government, and any role requiring a Blue Card or security clearance. The Magistrates Court has discretion to deal with a matter without recording a conviction, under section 12 of the Penalties and Sentences Act 1992 (Qld). For a first-offence dishonesty matter involving a relatively low value, a no-conviction result is a realistic outcome — provided the submissions are properly prepared. Where the value is higher, or the offending was sustained over time, the court's willingness to exercise that discretion depends on what material is put before it: the circumstances of the offending, what you have done since, whether restitution has been made, and the impact a conviction would have on your livelihood. Sacha addresses the criminal record question at the first consultation — honestly — so you know from the outset whether a no-conviction result is achievable and what it requires.
When the Evidence Is the Question
Dishonesty charges often turn on what the evidence actually establishes — not what police have labelled the conduct. A charge of stealing as a clerk or servant carries higher penalties than simple stealing. Whether that characterisation is justified depends on the specific facts: what role you held, whether the property was in your possession by virtue of employment, and whether the prosecution can prove the elements of the higher charge. If it cannot, the charge may be negotiated down. In fraud matters, the prosecution's figures are often the starting point for negotiations, not the final position. Alleged loss amounts based on incomplete accounting, estimated values, or contested calculations can be challenged. The statement of facts that goes before the court is negotiable — and the difference between the prosecution's initial version and the agreed version can change the sentencing range significantly. In every theft and fraud matter, Sacha obtains the full prosecution brief — the QP9, any CCTV or surveillance footage, financial records, and witness statements — and reviews it before any decision is made about plea. If the evidence does not support the charge at the level police have framed it, that is addressed through negotiations with the prosecution before the hearing.
Frequently Asked Questions
Will I get a criminal record for shoplifting?
Not necessarily. The Magistrates Court has discretion to deal with a first-offence shoplifting matter without recording a conviction, under section 12 of the Penalties and Sentences Act 1992 (Qld). Whether that outcome is achievable depends on the value, your history, and the quality of the submissions. Sacha will advise at the first consultation.
Will I go to jail for theft or fraud?
For a first-offence matter involving a relatively low value, imprisonment is unlikely. For higher-value fraud, sustained offending, stealing as an employee, or matters with prior convictions, imprisonment is a real possibility. Sacha will give you an honest assessment at the first consultation.
What is the difference between stealing and fraud?
Stealing involves taking property that belongs to someone else. Fraud under section 408C of the Criminal Code (Qld) involves dishonestly obtaining a benefit — or causing a detriment — through a false representation or a failure to disclose. The charges carry different maximum penalties, but both create a criminal record for a dishonesty offence.
Can the prosecution's loss figures be challenged?
Yes. The alleged loss amount in a fraud matter is often the prosecution's calculation, based on their interpretation of the financial evidence. That figure can be challenged — and in many cases, reduced — through negotiations on the statement of facts. The difference can change the sentencing range significantly.
What about Centrelink or tax fraud?
Federal dishonesty charges — including Centrelink, Medicare, and ATO fraud — are prosecuted under the Criminal Code Act 1995 (Cth), not Queensland legislation. The sentencing framework is different. Sacha handles federal fraud matters in the Cairns Magistrates Court.
What is the difference between stealing and robbery?
Stealing does not involve violence or the threat of violence. Under section 409 of the Criminal Code (Qld), robbery is stealing with violence or the threat of violence — a significantly more serious charge.
Will a dishonesty conviction affect my job?
A dishonesty conviction can affect employment, professional registration, working with children clearances, security clearances, and immigration assessments. For many people facing a theft or fraud charge, the employment consequence is a bigger concern than the sentence. Sacha advises on the specific implications for your situation at the first consultation.
Fixed Fees
- Stealing — Magistrates Court Plea — $2,100
- Theft from Employer, Higher-Value or Aggravated — $4,800
- Fraud — Magistrates Court Plea — $3,200
- Complex Fraud — $7,500