Theft, fraud and other dishonesty charges put more than your liberty at risk: they put your name, your career and your future employability on the line. Courts treat dishonesty convictions as a direct comment on character, and so do employers and professional bodies. Our Melbourne theft and fraud lawyers have defended dishonesty matters since 1994, from shop theft to complex deception prosecutions.
Charges we defend
We act in the full range of dishonesty offences under the Crimes Act 1958 (Vic) and related legislation, including:
- Theft, including shop theft, theft from an employer and theft of a motor vehicle.
- Obtaining property by deception and obtaining a financial advantage by deception.
- Burglary and aggravated burglary.
- Robbery and armed robbery.
- Handling stolen goods and going equipped to steal.
- Centrelink, payroll and invoice fraud, including matters prosecuted by Commonwealth agencies.
- Identity and card offences, including making off without payment.
Penalties
Theft and deception offences each carry a maximum penalty of 10 years’ imprisonment in Victoria, although outcomes in practice range from diversion and adjourned undertakings for minor first offences to immediate imprisonment for large-scale or breach-of-trust frauds. The amount involved, the period of offending, the degree of planning and whether the money has been repaid all influence sentence. Early advice about restitution and negotiation can change the complexion of a case entirely.
Defences and case strategy
Dishonesty cases turn on intent. The prosecution must prove not just what happened, but what you intended and whether you acted dishonestly by ordinary standards. Depending on the brief, we may argue:
- Claim of right: you honestly believed you were entitled to the property or payment;
- No intent to permanently deprive, for example borrowed or returned property;
- No deception, or no causal link between any deception and the benefit obtained;
- Identification and attribution in card, online and workplace matters where several people had access; and
- Mental state, including gambling and mental health context relevant to both defence and sentence.
First offence shop theft? Ask about diversion
For minor shop theft and similar first offences, the criminal justice diversion program can resolve the matter without a criminal record. The window to set up a diversion properly is early in the case. Our diversion specialists page explains how it works.
The court process
Minor theft matters are dealt with in the Magistrates’ Court. Larger frauds and burglary or robbery charges are indictable and can proceed to the County Court. Complex fraud briefs often run to thousands of pages of bank records and statements; we work through them methodically, and where appropriate we engage forensic accountants. If property has been restrained, see our confiscation proceedings page.
Why choose McNally & Gleeson Lawyers
Dishonesty cases are won with preparation and judgment: knowing when to fight the brief, when to negotiate the charge, and how to present a plea that gives the court a reason for leniency. Our principal is a Law Institute of Victoria Accredited Specialist in Criminal Law, and we have defended dishonesty matters across Melbourne and Victoria for more than 30 years.
What to do now
- Do not speak to police, loss prevention officers or your employer’s investigators before getting advice.
- Preserve any records that support your account: receipts, messages, bank statements, rosters.
- Contact us on (03) 9670 3633 for a confidential discussion, 24 hours a day.
Learn more about our criminal defence lawyers in Melbourne.
Common questions about theft and fraud charges
I returned the money. Will the charge be dropped?
Repayment does not erase the offence, but restitution genuinely matters: it can support negotiation, strengthen a diversion application and significantly reduce sentence. How and when repayment is made should be part of the legal strategy, not an afterthought.
Will a shop theft charge give me a criminal record?
Not necessarily. For first-offence minor shop theft, diversion can resolve the matter without a record, and even on a plea the court can decline to record a conviction. The worst approach is to treat it as trivial and turn up unprepared.
What if I honestly believed I was entitled to the property?
An honest claim of right is a recognised answer to theft and some deception charges. Workplace disputes about entitlements, loans between family members and informal arrangements often raise it. The belief must be honest, but it does not have to be reasonable, and the prosecution must negative it.
The fraud is alleged to have happened over years. How is that defended?
Long-period dishonesty briefs are document cases. They are defended by mastering the records: bank statements, ledgers, system logs and authorisations. Patterns that look damning in a summary often look different when each transaction is examined. We do that work methodically, with forensic accountants where needed.
How early should I get advice?
Before any interview, before responding to an employer or investigator, and well before the first court date. In dishonesty matters the early decisions, such as what is said in an interview and whether restitution is offered, set the direction of the whole case. Advice at that stage is worth far more than advice the day before court.
