Our experienced criminal lawyers have prepared a brief overview of the law relating to dealing with identification information. If you or someone you care about is facing a charge of stealing as a servant, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other criminal charges, visit DISHONESTY OFFENCES.
Obtaining or Dealing with Identification Information – The Law
Section 408D of the Queensland Criminal Code creates the offence of obtaining or dealing with identification information. The section provides:
(1) A person who obtains or deals with another entity’s identification information for the purpose of committing, or facilitating the commission of, an indictable offence commits a misdemeanour.
(1A) A person who possesses equipment for the purpose of committing, or facilitating the commission of, an offence against subsection (1), commits a misdemeanour.
Elements of the offence
To be found guilty of the offence of obtaining or dealing with identification information, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- The accused dealt with identification information;
- The accused did so with intent to commit and indictable offence.
- The accused possessed equipment;
- The said equipment is for the purpose of committing an offence against s 408D(1).
A person convicted with the offence of obtaining or dealing with identification information is 5 years imprisonment.
Jurisdiction – Where will the matter be heard?
The offence is an indictable offence and will be dealt with in the District Court.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of stealing. Generally a conviction would be recorded for this type of offence, although one is not inevitable.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
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