I know of someone who got caught stealing from a supermarket, it was about $85.00 worth of stuff, she doesn't know why, has never done anything wrong before in her life and now had to have the police involved and everything, she has to go to court as well. Does anyone know her fate, the fine involved, if any jail?
2007-10-11 20:42:26 · 6 answers · asked by sandji 2 in Politics & Government ➔ Law Enforcement & Police
Petty theft is the crime committed by someone for stealing from a supermarket with an item worth $85.00. The penalty is imprisonment for only a few days and payment of fine depending upon the mitigating and aggravating circumstances presented during the trial.
2007-10-11 20:56:51 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Has she got a lawyer - if she cannot afford one she should go to Legal Aid. She needs to have a lawyer or at least get some legal advice even if this is just a small case. They will also be able to reassure her as to the process and likely outcomes.
She will go to the Magistrates Court (if in the State of Vic, Local if in State of NSW - not sure what they are called in other States/Territories) - she will be asked to enter a plea (Guilty or Not Guilty)
If she pleads guilty - evidence will be heard prior to sentencing regarding her previous record (criminal if any) her character (so she should get character witnesses)
Also if she is suffering any kind of mental illness, depression etc - this should be looked into because you have said that she does not know why she did this and that she has never done anything like this before. Has she been under a lot of stress, trauma prior to the stealing offence?
The Magistrate will also consider if she cooperated when arrested and during the investigation and how remorseful she has been and is in court. Court is a very serious and formal processs and she should treat it as such. Magistrates do not take too kindly to people who think it is not such a big deal because I only stole a small amount. Not saying your friend is doing this - but this is just a warning so she is aware of how serious they will take things.
Unlikely to go to jail if this is a first offence and considering the small monetary value of what she stole. But it is a crime non the less.
She will probably get a fine and asked to contribute to the poor box and perhaps pay legal expenses, but without a conviction, on the basis that she be of good behaviour for a set period of time - that will mean not breaking any laws what so ever, and be required to make restitution (that means pay back the people she stole from) Without conviction means that she will not have a criminal record. This is a good outcome - even with the fines and legal expenses. Because it is not good to have a criminal record - it ends up effecting everything you do in life for ever and a day. I have taught at Tertiary level and when we send our students on placement they have to get a police check - the organisation who takes the students in get to see if they have a criminal record and then may not take them in. With traveling, some countries will not allow people to enter their country if they have a criminal record. So pleading guilty and asking for a penalty without a conviction would be something I would try for - but she should get legal advice because I may be a little out of date with my knowledge. Not sure how much the fine will be - it is usually based on penalty points and each penalty point is worth a certain amount of money. But a lawyer will be able to give her a much better idea.
It is also good to have people there to show she has support around her - like family etc.
2007-10-12 00:10:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
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2016-04-04 04:42:50 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Punishment For Shoplifting In Australia
2017-02-24 04:52:09 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Deportation to America--the WORST that could happen!
2007-10-12 02:32:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Umm...maybe she's a kleptomaniac?
I have no idea. She's probably screwed.
2007-10-15 20:41:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋