To be found criminally liable it must be proved that the defendant acted dishonestly or with a fraudulent intent in dealing with others in aspects related to Stealing (S 398), Unlawful Use of a Motor Vehicle (S 408A), Fraud (S 408C), Robbery (S 411), Demanding Property by Threats (S 415), Burglary (S 419), Receiving Tainted Property (S 433) and Damage to Property (ss 461, 469).
Fraudulence is the mental element of the offence of stealing and requires a degree of intention in the act of stealing. Under s 391(2) of the Criminal Code, fraudulence is present if there is intent to: deprive permanently, use as a pledge, deal with it in a way that it cannot be returned in the same condition or use the property without the consent of the owner.
Queensland courts generally want to record a criminal conviction against a charge of dishonesty due to interest of employers wanting to know about this type of criminal behaviour.
The seriousness of an offence depends on several factors which include, The value of the items/money involved, Your role in the alleged offences, Whether any breach of trust is involved or Whether the offence took place over a lengthy time frame.
If you have been charged with a dishonesty type offence you must immediately seek advice from us about any defences you may have.
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