Robbery, Burglary & Theft Offences

Definition: A person commits an offence if they, without lawful authority, remove the whole or part of any article that is displayed or kept for display to the public in a building (or its grounds) to which the public has access—whether to view the building itself, or a collection housed within it. This applies regardless of whether the collection is permanent or temporary.

It does not matter if public access is limited to a specific time or occasion. However, if the item removed is not part of a permanent collection or on loan for public exhibition, the offence only applies if the removal occurs on a day when public access to the building is permitted.

No offence is committed if the person believes they have lawful authority to remove the item, or believes they would have it if the person entitled to give that authority were aware of the removal and its circumstances.

Penalty: This is an indictable offence, punishable by a maximum of 5 years’ imprisonment (Level 6).

Crimes Act 1958 s 78

Definition: A person commits carjacking if they steal a vehicle and, immediately before or at the time of the theft—and in order to carry it out—they either:

(i) Use force on another person, or
(ii) Put, or attempt to put, another person in fear that they or someone else will be subjected to force then and there.

Penalty: Carjacking is an indictable offence and carries a maximum penalty of 15 years’ imprisonment (Level 4).

Crimes Act 1958 s 79

Definition: A person commits aggravated carjacking if they commit a carjacking and, either:

(a) At the time, they are in possession of a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive; or

(b) They cause injury to another person during the course of the carjacking.

Penalty: Aggravated carjacking is an indictable offence and carries a maximum penalty of 25 years’ imprisonment (Level 2).

Crimes Act 1958 s 79 A

Definition: A person commits the offence of handling stolen goods if, knowing or believing the goods to be stolen, they dishonestly:

• Receive the goods,
• Bring them into Victoria,
• Assist or undertake their importation, retention, removal, disposal, or realisation (for themselves or another person), or
• Arrange for any of the above to occur.

Penalty: Handling stolen goods is an indictable offence and carries a maximum penalty of 15 years’ imprisonment (Level 4).

Crimes Act 1958 s 88

Definition: A person commits an offence if they are found, while not at their place of residence, in possession of any article intended for use in the course of, or in connection with, burglary, theft, or cheating.

Presumption: If the article in question is made or adapted for the purpose of committing burglary, theft, or cheat, this is considered evidence that it was in their possession for that purpose.

Penalty: This is a summary offence and carries a maximum penalty of 2 years’ imprisonment (Level 7).

Crimes Act 1958 s 91

Definition: A person commits an offence if they intentionally and without lawful excuse destroy or damage property belonging to another or to themselves and another. This includes:

• Destroying or damaging property with the intention of endangering the life of another,
• Dishonestly destroying or damaging property with a view to gain for themselves or another.

Penalty: Basic offence (destruction or damage without lawful excuse) – Maximum of 10 years’ imprisonment (Level 5)

• Destruction or damage intending to endanger life – Maximum of 15 years’ imprisonment (Level 4)
• Dishonest destruction or damage for gain – Maximum of 10 years’ imprisonment (Level 5)
• Arson (destruction or damage by fire) – Maximum of 15 years’ imprisonment (Level 4)

Crimes Act 1958 s 197