Speak with a Property Offence Lawyer

Fight Charges & Avoid Penalties

Charged with a property offence, or white-collar crime offence? We provide legal advice and representation at Court for all property offences in Victoria.

Property offences in Victoria are generally prosecuted under the Crimes Act 1958 (Vic).  Several of the most prevalent property offences include:

 

By clicking on any of the above links you will be directed to our blog page, where we have set out in some detail the elements, defences, and penalties for each of these offences.

 

Several property and dishonestly related offences are also prosecuted under commonwealth legislation, refer to Part 7.3 (‘Fraudulent Conduct) of the Criminal Code (Cth). 

Most offences are prosecuted in the Magistrates’ Court more serious offences are heard in the County or Supreme Court

Our Courts also hear property offences prosecuted in contravention of federal legislation (for example, welfare fraud, taxation offences, corporate crime).

The Magistrates’ Court has jurisdiction to hear property offences where the value of the property is less than $100,000.

Offences which exceed this financial limit are usually heard in the County Court of Victoria. Most property offences contained in the Crimes Act 1958 (Vic) are indictable offences. The penalties available for property offences vary greatly and are not necessarily representative of the maximum penalty available. Theft, although attracting a maximum penalty of 5 years imprisonment may be referred for a diversion where the property value is low. Similarly, the same is true for handle/receive stolen goods.

 

Sentencing Outcomes for Property Offences

The sentencing outcomes for property offences such as those described above varies greatly from case to case.  Whilst some indictable offences (such as Handle Receive Stolen goods), carry a maximum penalty of 15 years imprisonment, such offences are frequently heard and determined in the Magistrates’ Court (often as an alternative to theft) and may be suitable for diversion (depending upon the property of the value in question).

 

On the other end of the scale, serious and sophisticated dishonest behaviour can attract immediate imprisonment (even when finalised in the Magistrates’ Court).

 

Sentencing is an inherently complex process and there are many factors that are synthesised to determine a sentencing outcome for property offence, these factors include:

 

  • Matters personal to the accused (their age, intellectual functioning, physical and mental health).

  • Gravity of the offending in questions (as determined by the value of the property, the extent of loss suffered by a victim of the offending).

  • Whether the accused has any prior convictions, and particular prior convictions for dishonest offences (sentencing considerations such as specific deterrence may come into play when there is a history of dishonesty offences).

  • Policy considerations (a plea of guilty will attract a sentencing discount).

 

Many sentencing options are available for property offences and include:

 

  • Imprisonment

  • Community Correction Order

  • Fine

  • Adjourned undertaking

  • Diversion

Conviction or Without conviction

Many of the factors referred to above will also inform the Court as to whether the Court will impose the sentence with or without conviction.  Specifically, section 8 of the Sentencing Act provides a non-exhaustive list of factors a Court will consider to determine the issue of whether to record a conviction.

CASE STUDY: Criminal Damage.

Outcome: Successful Application for Diversion.

Our client was charged with Criminal Damage.

Contact Us

Early preparation is often key in defending property offences. If you have to go to Court to answer an property offence. Call (03) 9668 7600 or send us a message to get a free case assessment.

Pascoe Criminal Law​

Level 8, 350 Collins Street
Melbourne, Victoria 3000

CHARGED WITH A TRAFFIC OFFENCE?

Fight Charges & Avoid Penalties

CASE STUDY: Dangerous Driving, Fail to Obey Direction to Stop Vehicle.

Outcome: Without conviction, fine $800, minimum statutory disqualification of 12 months.

Property Offences in Victoria

Services / Property Offences

Traffic Offences

Do you have to appear in Court for Dangerous Driving, Fail to leave name and address, Drive disqualified, or any other traffic offence?
Get expert advice and representation from an Accredited Criminal Law Specialist.  

Traffic offences such as Dangerous driving, careless driving, Drive whilst disqualified, Fail to leave name and address, are prosecuted under the Road Safety Act 1986 (Vic).  

Many of these offences carry the risk of license suspension or cancellation. Some categories of traffic offences, such as drink or drug driving may result in mandatory license disqualification. ​

Dangerous Driving

Property Offence Resources