Charged with Theft or Shoplifting in NSW: Penalties, Options and Next Steps

A theft or shoplifting charge often comes out of nowhere: a moment of poor judgement, a misunderstanding at the self-checkout, something that felt trivial at the time. What matters now is whether you’re facing a fixed fine or a court date, and what you do before you respond. This guide explains the charge, the penalty options and what courts look at.

In NSW, theft and shoplifting are charged as larceny under section 117 of the Crimes Act 1900. The maximum penalty is five years’ imprisonment in the District Court. Most matters are heard in the Local Court, and low-value shoplifting may be dealt with by an on-the-spot penalty notice instead of a court charge.

Key Takeaways

• Theft, larceny and shoplifting are the same offence. It’s charged under section 117 of the Crimes Act 1900, with a maximum of five years’ imprisonment on indictment.
• You may be offered a penalty notice. For low-value property, police can issue a $300 on-the-spot fine. If you pay it, there’s no court and no conviction.
• In the Local Court, the maximum is two years’ jail, with fines capped according to the value of the property. Most first offenders receive a non-custodial outcome.
• A conviction isn’t inevitable. A Section 10 outcome, an early guilty plea, references and steps such as repaying the store can make a real difference.
• A conviction can follow you. It can affect work, checks, licences and travel, which is why the decision about how to respond deserves advice.

Theft, Larceny and Shoplifting: One Offence, Three Names

“Larceny” is the legal name in NSW. “Theft” and “stealing” are everyday words for it, and “shoplifting” is larceny from a shop. The Crimes Act sets the penalty but doesn’t define the offence, so its elements come from the common law, and the leading case is Ilich v The Queen (1987) 162 CLR 110. In broad terms, the prosecution must prove you took and carried away property belonging to someone else, without their consent, intending to permanently deprive them of it. For the full legal definition, see our page on larceny charges.

This article is about non-violent theft such as shoplifting and stealing property. Charges involving force or weapons are more serious and are covered in our guide to armed theft. Theft from an employer is covered in our guide to embezzlement and our page on larceny as a clerk.

What Happens After You’re Caught

Store security will usually call police. Depending on the value of the goods, your history and the circumstances, police can:

• issue a criminal infringement notice (an on-the-spot fine) for low-value property
• charge you and issue a court attendance notice, requiring you to appear in court
• arrest you, in more serious cases
• for people under 18, use a warning, caution or youth justice conference under the Young Offenders Act 1997

Your first court date is usually a mention. Read what to expect in what happens at a Local Court mention.

What to do straight away

• Read the paperwork and note the due date. A penalty notice has a deadline.
• Be careful about what you say. You’re not obliged to explain what happened. Stores sometimes send letters demanding payment, and what you write back can be used in the criminal case.
• Don’t pay a penalty notice until you understand it. Paying finalises the matter.
• Start gathering references. They take time to organise, and you’ll want them if the matter goes to court.

The Penalty Notice Option

For low-value property (under $300), police have the discretion to issue a criminal infringement notice with a $300 fine instead of charging you. If you pay it, there’s no court appearance and no conviction, and it doesn’t appear on your criminal record.

The downside is that paying means you can’t argue your case. You can choose to dispute the notice in court, but if you’re found guilty there, the full penalties are open to the court. If you genuinely believe you didn’t commit the offence, that decision needs careful thought.

What Are the Penalties in Court?

	Maximum
District Court (on indictment)	5 years’ imprisonment
Local Court	2 years’ imprisonment, with fines capped by value: up to $2,200 (property up to $2,000), $5,500 (up to $5,000) or $11,000 (over $5,000)
Penalty notice (police discretion)	$300 fine for low-value property
Common outcomes	Section 10, conditional release order, fine or community correction order, depending on the circumstances

 

Most larceny charges are dealt with in the Local Court, though the prosecution can elect to send more serious matters to the District Court. For more on penalties, see our guide to the penalty for larceny.

Courts consider the value of what was taken, whether it was planned or opportunistic, your criminal record, whether the goods were recovered, and your attitude to the offence. A first offence involving modest goods is treated very differently from repeated offending or a sophisticated scheme.

How to Avoid a Conviction

A conviction is not automatic. Under Section 10 of the Crimes (Sentencing Procedure) Act 1999, a court can find the offence proved without recording a conviction. For first-time offenders, particularly where the value is low, it’s a realistic outcome, though never guaranteed.

Things that tend to help:

• An early guilty plea, if the evidence supports it
• Repaying or returning the goods, where appropriate
• A sincere apology. Read our guide to writing a court apology letter
• Character references from employers, teachers or community members
• Evidence of steps taken, such as counselling or a course
• Evidence of the impact of a conviction on your work, study or family

See also our guide to how to avoid a criminal conviction.

Mental Health and Other Special Circumstances

• Mental health or cognitive impairment. If a condition contributed to the offence, the court can consider an application under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 to dismiss the charge, on the basis that you follow a treatment plan. This needs medical evidence.
• Young people. Under-18s may be dealt with by warnings, cautions or youth justice conferences instead of court.
• Personal hardship or a one-off crisis. A genuine financial crisis, grief or a sudden change in circumstances doesn’t excuse the offence, but courts can take it into account when sentencing.

Possible Defences and Challenges

Whether any of these apply depends on your evidence:

• Identification. Whether CCTV and witnesses reliably show it was you.
• No intention to permanently deprive. For example, forgetting to scan an item, or leaving with something you intended to pay for. This is about your intention, not just what happened.
• Claim of right. An honest belief that you were entitled to the property.
• Consent. Where the owner agreed to you taking it.

These are fact-specific, and a lawyer can assess them once the police brief is served.

Consequences Beyond Court

A conviction can affect:

• Employment, particularly jobs involving trust, cash handling, security or working with children or vulnerable people
• Professional and security licences and registrations
• Overseas travel and visas. See travelling overseas with a criminal record. If you’re on a visa, get migration advice as well as legal advice
• Future checks, although some convictions eventually become spent. Read more in is a criminal record forever? and the effect of a criminal record

Some checks ask about charges and findings as well as convictions, so even a Section 10 outcome can come up. That’s one more reason to take advice early.

Do You Need a Lawyer for a Theft or Shoplifting Charge?

Many people charged with a first, low-level theft offence assume they don’t need one. But the biggest decisions (whether to pay a penalty notice, how to plead and how to present yourself to the court) are made early, and a conviction can be hard to undo.

A lawyer can review the evidence, including CCTV and police facts, negotiate with police about the facts or charge where appropriate, prepare your references and material for a Section 10 application, and appear for you in court. Our larceny lawyers act for people charged across NSW.

Two Illustrative Examples

These are illustrative examples, not real clients. Outcomes depend on individual circumstances and are never guaranteed.

 

A penalty notice for low-value goods. Mia is 34 and works in aged care, where her job depends on clear background checks. She’s stopped at a supermarket with about $150 of goods she says she didn’t scan at the self-checkout, and police issue a $300 criminal infringement notice. Paying would end the matter with no conviction. But Mia says she never meant to steal, and she worries about the mark on her record. She gets advice before doing anything. The question is whether to pay (simple, no conviction, but no chance to argue) or to dispute in court (a chance to show she lacked intent, but a conviction and higher penalties if it fails). What she decides depends on the CCTV, her account and how much risk she can accept.

 

A first offence at higher value. Ravi is 20 and a university student. He’s charged by court attendance notice after taking electronics worth about $1,800. He pleads guilty early, repays the store, completes a counselling course and provides references from his employer and a lecturer, along with a letter setting out how a conviction would affect his study and career. His lawyer asks the court to deal with the matter under Section 10. The court has a real choice between a Section 10, a conditional release order and a conviction. The preparation puts him in the best position for a non-conviction outcome, which is not guaranteed.

Frequently Asked Questions

Will shoplifting go on my criminal record?

If you’re convicted in court, yes. If you pay a criminal infringement notice (an on-the-spot fine), no conviction is recorded and the matter doesn’t appear on your criminal record. If a court finds the offence proved but applies Section 10, no conviction is recorded. The outcome you can get depends on the value of the property, your history and how the matter was started.

What if I’m given a penalty notice for shoplifting?

For low-value property (under $300), police can choose to issue a $300 criminal infringement notice instead of charging you. Paying it finalises the matter without a court appearance or conviction. You can choose to dispute it in court, but if you’re found guilty there you face the full range of penalties. Read the due date on the notice and get advice before you pay or dispute.

Can I get a Section 10 for theft?

Often, for first-time offenders, but it’s a discretion, not a right. Section 10 lets a court find the offence proved without recording a conviction. Courts look at the value of the property, your record, your attitude, whether you’ve made amends and how a conviction would affect you. Early guilty pleas, references and evidence of steps you’ve taken all help.

What’s the difference between theft, larceny and shoplifting?

In NSW, they refer to the same offence. Larceny is the legal name, and it is charged under section 117 of the Crimes Act 1900. Theft and stealing are everyday terms for it, and shoplifting is larceny from a shop.

Will I go to jail for shoplifting?

It’s uncommon for a first offence involving low-value goods. The maximum in the Local Court is two years’ imprisonment, and five years on indictment in the District Court, but most first offenders receive a non-custodial outcome. Jail becomes a real risk with a history of theft offences, high-value or repeated offending, or offending while on a bond or order.

What if I have a mental health condition?

If a mental health or cognitive impairment contributed to the offence, the court can consider an application to dismiss the charge on the condition that you follow a treatment plan. This can result in no conviction and no finding of guilt. You’ll need supporting medical evidence, so speak to a lawyer early.

Talk to Us About Your Charge

If you’ve been charged with theft or shoplifting, or given a penalty notice, get advice before you pay or plead. Call LY Lawyers on 1300 595 299 for a free consultation, available 24/7, or contact us online.

This article is general information only and is not legal advice. The law changes, and this article is current as at 28 September 2026.