Being charged with Stealing or Theft in Queensland under s391

What should I do?

If you are accused of stealing, especially in a retail environment (shoplifting) or workplace, you should:

1. Do not admit to ‘intent’: Police and security will often ask, “Were you planning to pay for this?” or “Why didn’t you scan this?” Even if you genuinely forgot, an admission that you “wanted it” can be used as evidence of intent to steal.
2. Request CCTV footage: In many retail cases, CCTV shows that the act was a mistake (e.g., leaving an item in a cart) rather than a planned theft.
3. Offer restitution (with legal advice): Returning the property or paying for it can be a “mitigating factor” in sentencing, but it should only be done after a lawyer reviews the case to ensure it doesn’t look like a confession.
4. Confirm the value: The value of the stolen item determines whether the matter stays in the Magistrates Court or goes higher.

What does it mean?

Under Section 391 of the Criminal Code 1899 (Qld), a person who fraudulently takes anything capable of being stolen, or fraudulently converts to their own use or to the use of any other person anything capable of being stolen, is said to steal that thing.¹

The most critical part of the law is intent. To be guilty, you must have an intent to permanently deprive the owner of the property.² If you took something by mistake or with the intent to return it immediately, you may have a defence.

What are the penalties?

Section 398 of the Criminal Code sets out the punishments for stealing:

• Standard Stealing: Up to 5 years imprisonment.³
• Stealing by Clerks and Servants (Employee Theft): Up to 10 years imprisonment.⁴
• Shoplifting (under $150): Often dealt with via a fine or “Notice to Appear,” but it still creates a criminal record.

For minor offences (first-time shoplifting), a lawyer can often negotiate No Conviction Recorded.⁵ This is vital, as a conviction for a “dishonesty offence” like stealing is often a complete bar to employment in finance, law, or government sectors.

Accused of stealing? Contact Bell & Senior today. We protect your reputation and your record from the long-term impact of a shoplifting or theft charge.