Cavanagh Gillies Criminal Lawyers

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PROPERTY OFFENCES

Different Property Offences.

The Queensland Criminal Code creates a large number of different offences relating to property.  Each offence can apply to a wide range of conduct.

Maximum penalties range from fine only offences (Unlawfully take Away Shop Good – Shoplifting) to life imprisonment for some offences including break and enter of a and arson of a dwelling.

For most property offences the facts most determine whether the offence is serious, in particular the value of the property involved.

Arson
Break and Enter
Fraud
Forgery and Uttering
Receiving
Stealing
Wilful Damage

Defending a Property Allegation.

A charge for a property offence is no more than an allegation the prosecution must prove beyond reasonable doubt. 

Your defence might involve issues of fact.  For example, that you never dealt with the property, that you were not the person involved, or that you are the rightful owner of the property. 

Your defence might involve issues of law.  There are a number of available legal defences. 

Often a defence will involve both issues of law and fact.  Prosecution witnesses must be challenged in cross-examination to establish the possibility a person was entitle to deal with property as a matter of fact before the law can apply. 

Claim of Right
Mistake of Fact
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