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Theft and property damage

Theft and property damage offences are serious. Get legal advice.

Property damage

It is a crime to purposely damage or destroy another person’s property without their permission.

‘Property’ is anything that can be ‘owned’ by a person, including living things, such as pets.

Property damage offences, also known as wilful or criminal damage offences, include:

  • arson (damage by fire)
  • posting bills (such as putting up promotional posters) or defacing property (marking or writing on property)
  • tampering with a motor vehicle, such as tampering with a door lock or a car’s aerial
  • threats to damage or destroy property.

Theft

Theft is intentionally taking something in someone else’s possession that does not belong to you, and that you do not intend to give back.

Theft-related offences include:

  • obtaining by deception
  • burglary (entering someone else’s land or property intending to steal something, damage property or assault someone)
  • robbery/armed robbery
  • going equipped to steal
  • handling stolen goods
  • receiving stolen goods.

Joyriding (stealing a car to drive around in) is theft, even if you intend to return the car. Stealing from a shop (shoplifting) is also theft.

Penalties and compensation orders

Theft and property damage offences carry penalties of imprisonment, fines or both. You may receive a penalty that you serve in the community, such as community-based orders or intensive correction orders.

Charges are usually heard in the Magistrates’ Court, unless the value of goods/property is more than $100,000 or there are other, more serious charges as well.

If a court finds you guilty it can make an order for you to return stolen possessions or pay for the property that was sold, lost or damaged (this is known as ‘restitution’).

On-the-spot fines for shoplifting

Under a three-year trial starting on 1 July 2008, the police have the option to issue an on-the-spot fine if they believe you have committed a shoplifting offence and:

  • the value of the stolen goods is less than $600
  • it is your first shoplifting offence and a ‘one-off’ offence
  • you have made restitution, if it is required by the shop-owner
  • the offence did not occur at your workplace.

The fine for these offences is two penalty units. (See ‘Penalty & fee units’, link below, for the current value of a penalty unit.) Payment of the fine will not be seen as admission of guilt and no conviction will be recorded.

If you do not pay the fine or take other action by the due date it may end up costing you more money. See ‘Options for dealing with fines’ (link below).

More information

Dealing with the police

Going to court for a criminal charge

Penalty and fee units

Victims of crime

Young people and the police

Related publications

Your day in court

Your rights: police powers in Victoria

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • advice at many correctional facilities, remand and detention centres
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some criminal law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.