Theft is the unlawful taking of another person’s property or services without their consent. It can be either personal property (such as a phone or wallet) or real property such as land. It is also possible to steal services such as a repair job or meal at a restaurant. To be a theft there must be dishonesty and the appropriation of property or services must be done with intent to permanently deprive the owner. If the value of the goods is more than $5000 it is called grand theft. Otherwise it is a petty theft.
The law is clear that in order to commit theft there must be a dishonest element. However the court will look at whether the defendant honestly believed that they were acting lawfully in the circumstances. The defence of mistaken belief only applies if the defendant is specific about their beliefs and not generalised or vague.
Sadly, many thefts are committed due to poor security and lack of basic common sense. Try to use timer switches and other devices to make your home look occupied if you’re going to be away for a while or ask trusted neighbours, family or friends to check in on your house. Keep valuables out of sight, don’t leave them in the back of your car and avoid walking along narrow or dark streets at night. Try to stay on well lit, busy roads. Finally, if you do get in a crash or accident, move your vehicle as far off the road as possible to prevent further crime.
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