Shoplifting is charged as larceny under section 117 of the Crimes Act 1900, and even a first, low-value offence can leave you with a criminal record if it isn't handled properly.
Our Sydney criminal defence team acts quickly to challenge store evidence, negotiate with police, and protect your record from an embarrassing but often defensible charge.
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Shoplifting is prosecuted as larceny under section 117 of the Crimes Act 1900(NSW), carrying a maximum penalty of 5 years' imprisonment, though the overwhelming majority of matters are finalised in the Local Court with a fine, bond or Section 10 dismissal. For low-value, first-time offending, NSW Police can also issue a Criminal Infringement Notice — an on-the-spot fine — as an alternative to charging you at all, provided the goods involved are worth $300 or less.
"Shoplifting" isn't a separate offence in NSW — it's simply larceny (stealing) that happens to occur inside a retail store, and it's charged and dealt with under section 117 of the Crimes Act 1900 (NSW) in exactly the same way as any other theft. The retail setting does, however, shape how the evidence is gathered and how the case usually unfolds.
To prove larceny, the prosecution must establish that you took and carried away property belonging to the store, without consent, without any genuine claim of right, and with the intention of permanently depriving the store of it at the time you took it. Concealing an item in a bag, swapping price tags, or simply walking past the registers without paying can all be relied on as evidence of that intention, but each element still has to be proven.
Most people who come to us over a shoplifting allegation have never been in trouble with police before, and the incident is often genuinely out of character — an item left in a pram basket, a distracted moment, or a return that went wrong. Because larceny requires proof of dishonest intent, these circumstances are frequently the strongest part of the defence, not just mitigation for sentencing.
Whosoever steals any chattel, money, or valuable security shall be liable to imprisonment for five years.
— Section 117, Crimes Act 1900 (NSW)
Because larceny is defined by value-independent elements, the amount taken mainly affects which court deals with the matter and how it's likely to be resolved, not whether an offence has technically occurred. Most shoplifting matters, where the value of goods is modest, are finalised entirely within the Local Court.
Facing a more serious theft charge involving violence, a weapon, or a higher-value item? See our Robbery & Larceny Lawyers Sydney page.
| Circumstance | Maximum Penalty | Court | Typical Outcome |
|---|---|---|---|
| Eligible for a Criminal Infringement Notice | Fixed penalty notice fine, no charge laid | No court unless disputed | Goods valued at $300 or less; first-time, low-level incidents only |
| Dealt with summarily | 2 years imprisonment / fine (Local Court cap) | Local Court | Fine, Conditional Release Order or Section 10 for first-time, low-value offending |
| Dealt with on indictment (elected) | 5 years imprisonment | District Court | Rare for shoplifting; reserved for repeat, organised or high-value offending |
The value of the goods involved, whether you have any prior convictions, and how the incident is dealt with at first contact with police or store staff all materially affect where your matter lands on this table. Getting advice before you respond to police, or before you decide whether to accept a Criminal Infringement Notice, can make a real difference to the outcome.
Shoplifting allegations often turn on intention rather than disputed facts about what happened. Our lawyers scrutinise the store's evidence to establish valid legal defences, which may include:
If an item was genuinely forgotten — left in a pram basket, trolley, or under other shopping — this can defeat the dishonest intention larceny requires, particularly where you paid for other items normally.
A genuine, honestly held belief that you were entitled to take the item — for example, over a disputed refund or exchange — can be a complete defence, even if that belief turns out to be mistaken.
Store CCTV is often grainy or captures multiple similar-looking customers; where identification relies on a security guard's memory or poor footage, this can be challenged.
The prosecution must prove every element beyond reasonable doubt; gaps in footage, inconsistent witness accounts, or a failure to prove the item's value can all undermine the case.
What happens next depends heavily on whether you're offered a Criminal Infringement Notice or charged outright, so understanding your options at the first point of contact matters.
Loss prevention staff detain and question you, recover the goods, and typically call police, who decide whether to issue a Criminal Infringement Notice or a Court Attendance Notice.
You either receive an on-the-spot fine you can pay or elect to contest, or you are issued a Court Attendance Notice requiring you to appear at a Local Court on a set date.
Your lawyer reviews the store's CCTV, incident report and any admissions, and can negotiate with police or prosecutors to have the charge withdrawn or downgraded.
Most shoplifting matters resolve with a guilty plea supported by strong mitigating submissions, but contested matters proceed to a defended hearing before a Magistrate.
Outcomes range from a Section 10 dismissal or Conditional Release Order without conviction, through to a fine or, in rare repeat cases, a term of imprisonment.
A shoplifting charge can feel disproportionately stressful for what is often a genuinely minor, out-of-character incident. We treat every case with the discretion and care it deserves, and fight hard to keep it off your record.
We assess whether accepting a Criminal Infringement Notice is genuinely in your interests, or whether contesting the allegation is the stronger option.
We scrutinise store footage, security tag data and witness accounts for gaps, inconsistencies and identification errors.
We provide transparent, fixed-fee structures for shoplifting matters wherever possible, so you always know the cost of your defence.
Detained by store security or contacted by police? We are always available for urgent, discreet advice.
Charged with a more serious theft or robbery offence? See our Robbery & Larceny Lawyers Sydney page, or learn more about our firm on our About page.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
