Theft, Shoplifting and Burglary Charges in Melbourne (Victoria)

In Victoria, theft is an offence under section 74 of the Crimes Act 1958 with a maximum penalty of 10 years' imprisonment. Burglary (section 76) also carries a maximum of 10 years, and handling stolen goods (section 88) carries up to 15 years. Actual sentences are usually far below the maximum, and eligible first offenders may be able to apply for diversion in the Magistrates' Court, which ends with no finding of guilt if completed. International students and temporary visa holders should get advice early about visa consequences.

Key points

• Theft (s 74): maximum 10 years' imprisonment and/or 1,200 penalty units.
• Burglary (s 76): maximum 10 years' imprisonment and/or 1,200 penalty units.
• Handling stolen goods (s 88): maximum 15 years' imprisonment.
• Diversion requires prosecution consent, the accused acknowledging responsibility, and the magistrate finding it suitable.
• If diversion is completed, the charge is discharged with no finding of guilt and the record is not available to the public, including employers.

What is the difference between theft, shoplifting, burglary and handling stolen goods?

• Theft (s 74): dishonestly appropriating property belonging to another with the intention of permanently depriving them of it. Shoplifting is usually charged as theft.
• Burglary (s 76): entering a building or part of a building as a trespasser intending to steal or commit certain other offences inside. It can be made out even if nothing is taken.
• Handling stolen goods (s 88): receiving, keeping, selling or helping to dispose of goods while knowing or believing they are stolen. For example, buying an item online at a suspiciously low price that police later say was stolen.

The prosecution must prove elements such as dishonesty. If you genuinely believed the item was yours, had been paid for or that you were entitled to it, this may be a defence, which a lawyer can assess against CCTV and other evidence.

What penalty is likely in practice?

Maximum penalties are reserved for the most serious cases. Most shoplifting and low-value theft matters are heard in the Magistrates' Court, where the court considers the value involved, prior history, whether the goods were returned or compensation paid, personal circumstances and remorse. Possible outcomes include diversion, an adjourned undertaking without conviction, a fine or a community correction order. Repeat offending and burglary are generally treated more seriously.

Can first offenders get diversion?

The Magistrates' Court's Criminal Justice Diversion Program is available for some less serious offences and is often used for first offenders. Requirements include:

• The prosecution (usually the police prosecutor) consents;
• The accused acknowledges responsibility for the offence (this is not a plea of guilty);
• The magistrate considers it suitable and sets conditions, such as an apology to the shop, a donation or compensation, or attending a course.

If the conditions are met, the charge is discharged with no finding of guilt. If not, the case returns to the normal court process. A lawyer can help prepare the diversion request and supporting material.

What should international students and temporary visa holders know?

A theft charge does not automatically lead to visa cancellation, but a criminal conviction may need to be declared in future visa, permanent residence or citizenship applications and can affect character assessments. In some cases the Department of Home Affairs may also consider cancelling a current visa. Diversion does not result in a finding of guilt and usually has less impact, but you must still answer migration questions truthfully. Get both criminal and migration advice before your court date.

What to do after receiving a summons or being contacted by police

• Speak to a lawyer before a police interview; you have the right to remain silent;
• Note the court date and make sure you attend;
• Keep receipts, bank or purchase records that may support your defence or mitigation;
• Do not contact the shop or witnesses about the case yourself.

Chua Tan Associates has practised in Melbourne since 1990. Our lawyers run criminal cases themselves and can explain the process, apply for diversion or represent you in court in Mandarin, Cantonese or English.

Frequently asked questions

Will I get a criminal record for shoplifting in Melbourne?

Not necessarily. Eligible first offenders may get diversion, which ends with no finding of guilt and no public record, and courts can also impose outcomes without conviction. It depends on the facts.

What is the maximum penalty for theft in Victoria?

Theft under section 74 carries up to 10 years' imprisonment and/or 1,200 penalty units, although most low-value cases receive far lower penalties.

Will an international student lose their visa for a theft charge?

Not automatically, but a conviction can affect visa assessments and future applications. Get advice early about diversion or a without-conviction outcome.

Do I have to plead guilty to get diversion?

No formal guilty plea is needed, but you must acknowledge responsibility, and the prosecution must consent and the magistrate must approve.

Is it a crime if something I bought online turns out to be stolen?

Handling stolen goods requires that you knew or believed the goods were stolen. If you did not, it may not be an offence, but get advice before answering police questions.

If you or a family member has been charged with theft, shoplifting or burglary in Victoria, call 03 9602 3988 to book a consultation at our Melbourne CBD office at Level 2, 262 Queen Street, or by video, in Mandarin, Cantonese or English.

This article is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026