Shoplifting, also known as retail theft, is one of the most frequently charged offences in Australia. While often considered a minor crime, shoplifting can carry serious consequences including a criminal record, fines, and even imprisonment—especially for repeat offences or organised theft.
Whether it involves taking items without paying, switching price tags, or attempting to walk out with concealed goods, shoplifting is considered theft under criminal law in every Australian state and territory.
This page explains what retail theft means in law, how charges are laid, what to expect in court, possible legal defences, and a state-by-state breakdown of relevant laws and penalties.
Shoplifting is defined as taking or attempting to take goods from a retail store without paying, with the intent to permanently deprive the store of the goods. Examples include:
Concealing items and exiting the store
Switching price tags to pay a lower price
Attempting false refunds
Consuming items in-store without payment
To be convicted, the prosecution must prove:
You took or attempted to take goods from a store
You did so dishonestly
You intended not to pay or deprive the owner of the goods
Police can charge you with shoplifting if:
You’re detained by store security
You’re caught on CCTV footage
You’re found with unpaid items in bags or clothing
You make admissions during questioning
In minor cases, police may issue a caution or fine, but charges can escalate to court attendance notices or arrests depending on the value, conduct, or past record.
Shoplifting matters are generally heard in the Local or Magistrates’ Court, and the process includes:
First appearance – Plead guilty or not guilty
Evidence disclosure – The prosecution presents its case
Hearing or sentencing – Depending on plea
Outcome – May include a dismissal, fine, bond, or criminal conviction
In minor cases, the court may consider diversion programs, section 10 dismissals (NSW), or good behaviour bonds to avoid a recorded conviction.
Possible legal defences include:
Lack of intent – You forgot to pay or mistakenly left the store with the item
Claim of right – You believed you had legal ownership or permission
Mistaken identity – You were not the person caught on CCTV
Duress – You were forced or coerced by another person
Mental health or cognitive impairment – Affects your understanding of the act
A skilled criminal lawyer can help you negotiate reduced charges or argue for non-conviction outcomes.
Each Australian jurisdiction has specific provisions for employee theft, often with enhanced penalties compared to ordinary larceny.
Legislation: Crimes Act 1900 (NSW) – Section 117 (Larceny)
Penalty:
Up to 5 years’ imprisonment
Offences under $2,000 may be dealt with summarily (max 2 years)
First-time offenders may receive a Section 10 dismissal
Legislation: Crimes Act 1958 (VIC) – Section 74 (Theft)
Offence: Theft by employee (considered under general theft provisions)
Penalty:
Up to 10 years’ imprisonment
Sentencing considers employment relationship and trust breach
Legislation: Criminal Code Act 1899 (QLD) – Section 398
Offence: Stealing by clerks or servants
Penalty:
Up to 10 years’ imprisonment
Higher than standard theft due to employee-employer relationship
Legislation: Criminal Code Act Compilation Act 1913 (WA) – Section 378 (Stealing as a servant)
Penalty:
Up to 10 years’ imprisonment
Court may consider restitution or compensation orders
Legislation: Criminal Law Consolidation Act 1935 (SA) – Section 134
Offence: Theft by an employee
Penalty:
Up to 10 years’ imprisonment
Aggravated offences (e.g., large sums or extended period) attract higher penalties
Legislation: Criminal Code 2002 (ACT) – Section 308 (Theft), with employer relationship as an aggravating factor
Penalty:
Up to 10 years’ imprisonment
Sentence severity influenced by breach of trust
This page offers general information only and is not a substitute for legal advice. Criminal laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
