In South Australia, you will be guilty of the offence of theft under section 134 of the Criminal Law Consolidation Act 1935 if you deal with property dishonestly and without the consent of the owners consent, and with the intention to permanently deprive the owner of the property or to seriously encroachment on their proprietary interests.
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Indictable offence
Magistrates or District Court of South Australia
Maximum penalty of 10 years imprisonment
Theft & Receiving Key Facts
| Offence | Stealing property (theft) or receiving property knowing it was stolen, under Sections 134 of the Criminal Law Consolidation Act 1935 (SA). |
| Maximum Penalty |
Maximum penalty for basic theft is up to 10 years imprisonment; receiving stolen property carries the same maximum penalty. Aggravated theft (e.g. burglary) can be higher.
For an aggravated offence: 15 years imprisonment |
| Typical Sentence | Sentences vary widely: minor theft can result in fines or bonds; larger thefts or receiving stolen property in serious cases often result in imprisonment. |
| Which Court? | Minor theft is usually heard in the Magistrates Court; serious or high-value theft and receiving offences are heard in the District Court. |
| Process Timeline | Police Investigation → Charge → Arrest → Police Interview → Bail Consideration → Hearing in Magistrates Court → Possible committal to District Court → Sentencing if guilty. (Average: 6-12 months) |
| Possible Defences | 1. No Dishonesty - Arguing no intent to permanently deprive the owner of the property. 2. No Knowledge - Showing the accused did not know property was stolen (for receiving). 3. Claim of Right (Conduct) - Your conduct is not dishonest, if you have acted on an honest but mistaken belief that you had a right to act in that way. 3. Claim of Right (Property) - An assertion of a right to property is not dishonest if you honestly believed that you had such a right. |
| What The Prosecution Must Prove | To be convicted of theft the prosecution must prove that: - You dealt with property;; - The property was owned by another; - You did not have the owners consent to deal with the property; - You intended to deprive or seriously encroach on proprietary rights; - You dealt with the property dishonestly. |
Theft & Receiving Case Scenarios
Below are examples of how theft and receiving offences may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A man found a mobile phone at a train station and kept it. He made no effort to hand it in to authorities or find the owner. Two days later, he sold the phone on Gumtree for $150.
What to expect:
Charged with basic theft. The magistrate accepted the man had no criminal history and believed the item would not be claimed. He was given a 12-month good behaviour bond without conviction under section 16 of the Sentencing Act.
Mid-Level Offence
Scenario:
A former employee failed to return a company-owned laptop and software dongle worth $2,400 after their contract ended. He ignored multiple requests from the employer and sold the items online.
What to expect:
The court found the conduct was intentional and dishonest. He pleaded guilty and repaid the employer. He was convicted of theft and received a 2-year suspended sentence with a 2-year good behaviour bond, under section 38 of the Sentencing Act.
High-Level Offence
Scenario:
A woman appointed as power of attorney for her father transferred $40,000 into her own account over 6 months. The funds were used for personal debts. The father, aged 85, was unaware and financially dependent on her.
What to expect:
The court treated the breach of trust and vulnerability of the victim seriously. She was convicted of aggravated theft and sentenced to 4 years imprisonment, with a 2.5-year non-parole period. She was also disqualified from holding a position of financial responsibility.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Theft & Receiving FAQ’s
If you need more information about theft and receiving in South Australia, these FAQs answer the most common questions.
What is considered “receiving stolen property” under South Australian law?
Receiving involves knowingly accepting or possessing property that was stolen by someone else. It is treated as a form of theft and carries the same maximum penalties under s 134(5) of the Act.
What is the maximum penalty for theft in South Australia?
- Basic theft offence: up to 10 years imprisonment
- Aggravated theft offence: up to 15 years imprisonment, such as theft from a child under 12 or an elderly person over 60
What is meant by ‘serious encroachment on proprietary rights’?
A serious encroachment occurs when:
- The property is treated as the offender’s own to dispose of,
- There’s a substantial risk the owner won’t get it back, or
- Its value is significantly diminished when returned.
Can you commit theft even if you had lawful possession of the item?
Yes. For example, an employee who keeps an employer’s property after termination, or someone who misuses power of attorney, can be guilty of theft if they act dishonestly with the intent to deprive the owner.
What are common defences to theft or receiving charges in South Australia?
- Claim of Right (Conduct or Property): You genuinely believed you had the right to act that way.
- Finder’s Exemption: You found property and believed the owner couldn’t be located.
- Honest Acquisition: You acquired the property in good faith, even if the title was defective.
Is dishonesty judged by my own beliefs or the public’s standards?
Dishonesty is assessed based on community standards, and whether you knew your conduct was dishonest by those standards.
Can someone be charged with theft for misusing trust funds or powers?
Yes. Theft can occur if someone abuses a position of trust like a trustee, agent, or power of attorney by dealing with property dishonestly, even if they were legally allowed to control it.
What is the difference between theft and robbery?
- Theft involves dishonestly taking property.
- Robbery is theft accompanied by violence or threats. The two offences carry different elements and penalties.
How is ‘property’ defined under theft laws in South Australia?
Property includes real estate, personal belongings, money, electricity, and intangible property such as digital data or intellectual property rights.
Can you be charged with theft if you believed you owned the item?
Not if you had an honest and reasonable belief that you owned or had a legal right to the property. This is known as a claim of right defence.
What does “honest but mistaken belief” mean as a defence to theft?
If you believed you had good title or ownership of the property even if that belief was wrong, it may be a valid defence, provided the belief was genuine and reasonable.
Does finding lost property count as theft in South Australia?
Not necessarily. If you found property and genuinely believed the owner could not be found, and took reasonable steps to locate them, your conduct may be exempt from being considered theft.
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