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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Stealing Offences (WA)
In Western Australia, stealing is an offence under section 378 of the Criminal Code. Things capable of being stolen include all moveable inanimate things which are the property of a person. The term ‘stealing’ is defined in section 371 as fraudulently taking anything capable of being stolen or fraudulently converting something to one’s own use or to the use of another person. This article outlines the stealing offences that exist under WA criminal law.
What does ‘fraudulently’ mean?
A person takes a thing fraudulently if they do so with:
- Intent to permanently deprive the owner of it or of any part of it;
- Intent to permanently deprive a person with special property in the thing or property of such special property;
- Intent to part with the thing on the condition of its return which the person taking or converting it may be unable to perform;
- Intent to use it as a pledge or security;
- Intent to deal with it in a manner that it cannot be returned in the same condition; and
- In respect of money, intent to use the money at the will of the person who takes or converts it (regardless of whether they intend to afterwards repay the amount to the owner.)
Taking or converting property can be considered fraudulent even if it is done without secrecy and without any attempt to conceal the act.
Is stealing an indictable or summary offence?
Stealing is an indictable offence in Western Australia. This means that a charge can be heard on indictment, in the District Court. However, under section 426 of the Criminal Code, certain offences can also be dealt with summarily. When a stealing offence is dealt with summarily (in the Magistrates Court), the maximum penalty that can be imposed for a single charge is imprisonment for two years.
Stealing motor vehicles
A person is guilty of stealing a motor vehicle if they unlawfully drive or use the motor vehicle without the consent of its owner or the person in charge of it. This offence is contained in section 371A of the Criminal Code.
If an accused steals a motor vehicle and wilfully drives it dangerously or recklessly, they are liable to be imprisoned for up to 8 years. In any other situation, stealing or attempting to steal a motor vehicle is punishable by a fine of up to $24,000 and/or imprisonment for up to 2 years when the matter is dealt with in the Magistrates Court. Where the matter is committed to be dealt with on indictment, the offender is liable to imprisonment for up to 7 years.
When stealing occurs in any of the following circumstances it carries a maximum penalty of 14 years imprisonment and must be dealt with on indictment:
- Stealing from a dwelling where the thing was valued at more than $10,000 or where the offender used or threatened violence;
- Stealing from a vessel or place of deposit used for the conveyance or custody of goods in transit;
- Stealing from a vessel that is wrecked, stranded or in distress;
- Stealing from within a public office;
- Stealing that involves opening a locked room, box or other receptacle with a key or other instrument;
- Stealing from one’s employer or where the offender comes into possession of the thing stolen through their employment where the value of the thing does not exceed $10,000.
An offence under any of the following circumstances carries a maximum penalty of 10 years imprisonment and therefore must be dealt with on indictment:
- Stealing from an employer or where the offender comes into possession of the thing stolen through their employment and the value of the thing stolen exceeds $10,000.00 (Section 378(7));
- Where the defendant is a company director or officer of a company or corporation and the thing stolen is property of the company or corporation (Section 378(8));
- Where the thing stolen is received in accordance with a power of attorney; or
- The thing is money that was received with a direction it should be used for a specified purpose or paid to a person specified or relates to a valuable security paid to the person; or is proceeds received under a power of attorney with specific directions as to how they should be applied (Section 378(9))
Receiving or possessing stolen goods
In Western Australia, it is a crime to receive property obtained by means of an indictable offence knowing that it was obtained in that way. A person found guilty of this crime may be given the same penalty that applies to the indictable offence by which the property was obtained, or to imprisonment for 14 years, whichever is the lesser.
To prove that a person received a thing, it is sufficient to show that they had the thing in their possession, or aided in concealing or disposing of the thing.
A person in possession of a thing capable of being stolen that is reasonably suspected to be stolen or unlawfully obtained is guilty of a crime in WA.
It is a defence to this offence if the person had no reasonable grounds for suspecting that the thing had been unlawfully obtained.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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