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Stealing as a Servant

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Stealing as a servant means stealing money or goods through your employment.  It is an extremely serious charge and is not dealt with lightly by the Courts.  

In any circumstances where money or goods are obtained deceitfully or fraudulently, whether from an employer, business or an individual client the charge is dealt with harshly and can easily result in you serving jail time and certainly a conviction recorded against you. Stealing as a servant has always tended to result in harsh sentences due to the opportunities for concealment it provides and the betrayal of trust it involves.

When sentencing you the Magistrate will look at the facts and circumstances including the amount stolen, whether it has been paid back, the time span in which the fraud was carried out, your criminal history, personal circumstances i.e. financial hardship, mental health issues, remorse etc.

An example of the severity of the nature of this charge can be demonstrated in a Queensland case, R v Jenkins, wherein a man was found guilty of 3 separate charges of theft of less than a total of $3,000 in cash and liquor from his employment over a period of less than 3 months.

His charges were comprised of the following -

Charge 1 - stealing the sum of $170 from his employer

Charge 2 -  stealing the sum of $1,995 from his employer

Charge 3 -  dishonestly applying to his own use a quantity of liquor belonging to his employer to the value of $765.60 (incl GST).

The total amount being $2,930.60.

The matter was dealt with in the Brisbane District Court and the sentence handed down was 9 months imprisonment for each offence, to be served concurrently and suspended after 3 months (meaning after serving 3 months actual jail time Jenkins was released).

If you are charged with stealing as a servant there are multiple steps we can take to help ensure you receive the best possible outcome such to obtain character references and, depending on circumstances, a psychologists report.

Due to the severity and seriousness of a stealing as a servant charge it is strongly advised that you seek legal advice immediately.

Here at Clarity Law we represent clients facing stealing as a servant charges on a regular basis in Courts across South East Queensland, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can either;

For more information visit our webpage or call 1300 952 255 7am – 7pm seven days a week

Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  Its represents information about the law in Queensland and since publishing the law or the interpretation of that law may have changed.

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