Property Offences: frequently asked questions

Theft involves dishonestly appropriating property belonging to another. Robbery involves theft combined with the use or threat of force. Robbery is a more serious offence with higher maximum penalties.

Theft under the Crimes Act 1958 (Vic) carries a maximum of 10 years imprisonment. Robbery under s75 carries a maximum of 15 years; aggravated robbery under s75A carries a maximum of 25 years. The distinction between offences affects both the court in which the matter is heard and the potential sentence.

For eligible first-time offenders, diversion may be available for minor theft (including shoplifting) in the Magistrates Court. This allows the matter to be resolved without a finding of guilt.

Diversion is not automatic. It requires police consent and Magistrate approval. Not all theft matters qualify. Sam Russo can assess eligibility at the initial consultation and advise on the prospects for diversion or other alternatives to conviction.

Do not make admissions, offer explanations for where you were or what you did, or speculate about what police know. Exercise your right to silence beyond confirming your name and address, and ask to speak to a lawyer before any interview.

Common mistakes people make: trying to explain themselves to show cooperation, volunteering context that implicates them, or assuming an informal conversation is not being recorded. Police are experienced interviewers. The safest position before speaking to a lawyer is to say: I wish to exercise my right to silence. I would like to speak to a lawyer. Sam is contactable by phone and can provide immediate pre-interview advice.

Contact a criminal lawyer as soon as possible after being charged, and before any police interview if one has been requested. Time matters most in the first 24 hours: bail decisions, interview decisions, and early charge negotiations all occur at this stage.

If you have been arrested and are at the police station, you have the right to speak to a lawyer before an interview. Sam is available by phone for urgent matters. Once charged, your first court date (the Mention) is typically 4 to 6 weeks away in the Magistrates' Court, but preparation for that date begins immediately.