Stealing Property in Dwelling House

In New South Wales it is an offence to take property from a dwelling house. A dwelling house is any house, building, vehicle or boat which someone lives in. A house, building, vehicle or boat will also be considered to be a dwelling house if it is designed for someone to live in, even if no one actually lives in it. 

A person can be charged with this offence if they steal property from a house or other place of residence. The maximum penalty for this offence is 7 years imprisonment. 

What is Stealing Property in Dwelling House?

The offence of Stealing Property from Dwelling House is contained in section 148 of the Crime Act 1900 (NSW) which states:

Whosoever steals in a dwelling-house any property shall be liable to imprisonment for seven years.

The offence is similar to a number of other theft and stealing offences. The primary difference is that the police only need to prove that you stole something from a place that is considered to be a dwelling house. The police do not have to prove that you broke something to gain entry to the property before stealing the items like they do with the offence of break, enter and steal.

The following acts constitute Stealing Property in Dwelling House:

• Taking jewellery and money from your neighbour’s house whilst you are there for a party;
• Mooring alongside a brand new yacht, hopping aboard and taking pillows and linen from the sleeping quarters;
• Walking through an unlocked front door and helping yourself to a case of beer in the fridge; or
• Sneaking into a caravan at a holiday park and taking an iPad and speakers.

What Must be Proven?

For a person to be found guilty of Stealing Property from Dwelling House, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That they stole property; and
• When they stole that property they stole it from a dwelling house.

Which Court Will Hear Your Matter?

Where the value of the property is greater than $5,000 it is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Where the value of the property is less than $5,000 is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Possible Defences for Stealing Property from Dwelling House

A person charged with this offence may defend the charge by arguing that:

• They had a lawful claim to the property allegedly stolen;
• They did not intend to permanently deprive the owner of the property;
• The place stolen from was not a dwelling house.

Common Questions 

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for a common assault charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence can completely rule out certain career paths such as teaching and a range of government employment options. 

Will I go to Gaol?

 This offence carries Gaol as a maximum penalty, so it is possible. Whether it is likely or not will depend on the facts and circumstances of the matter as well as your personal circumstances. It is best that you get expert advice to help you. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.