What is the statute of limitations on theft under $5000.00
HiCustomercan you be more specific please?
approximately 20 to 21 years ago I miss appropriated funds from my employer. Though the funds taken was less than 2000.00 dollars, it was less money that was due me in wages and vacaton time. I was under tremendous mental pressure at that time and did not even think properly at the time to just wait till the next day and quit my work. My life was under threat at the time and I took the flight avenue.
HiCustomerdid your employer know?Did they report it to the police?
Yes my employer new and I believe it was reported to the police but I am not sure of that. I have been told that since I wasn't living in Australia any longer and the police could not talk to me that possibly charges could not be filed. Again I personally do not know.
HICustomerhere is some information about criminal proceedings n general, limitation statutes do not apply to criminal proceedings. Crimes acts and statutes dealing with summary jurisdiction usually set out the general time limits which govern those proceedings. The statutory period in which proceedings must be commenced differs between different offences and different jurisdictions. In general, a limitation period applies to minor or summary offences. The limitation period in respect of criminal matters does not affect the jurisdiction of the court but provides a good defence to the charge: Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369 at 376, 389;  ALR 119. Further, the laying of an information within the limitation period is not an element of the offence: Rabczynski v Morrison  WAR 71.Criminal proceedings are generally commenced when an information, complaint or charge is laid before a magistrate or justice. The language of the statutes cited below varies in relation to how the commencement of proceedings is described and how the relevant offences are referred to-for example, in some jurisdictions references are made to summary offences, in other jurisdictions reference is made to simple offences, or expiable offences. Sometimes limitation periods apply according to the maximum penalties applicable.What appears below is a summary of limitation periods that generally apply in relation to criminal offences. For particular criminal offences, other statutes may stipulate a particular limitation period that applies to that particular criminal offence.CommonwealthIn general, section 15B of the Crimes Act 1914 (Cwlth) applies to the limitation of criminal proceedings.In the case of a prosecution against an individual:if the maximum penalty that can be imposed for an offence committed by an individual includes imprisonment for more than 6 months in the case of a first conviction - there is no limitation periodin any other case - a prosecution must be commenced within one year of the commission of the offence.In the case of a prosecution against a corporation:if the maximum penalty includes a fine of more than 150 penalty units (1 penalty unit=$110) - at any timein any other case - within 1 year of the commission of the offence.In the case of a prosecution against an individual for an offence of aiding and abetting an offence committed by a corporation:if the maximum offence that can be imposed on the corporation in respect of the primary offence includes a fine of more than 150 penalty units in the case of a first conviction - the prosecution can be commenced at any timein any other case - within a year after the individual has committed the (aiding and abetting) offence.Section 15B(3) provides that a Commonwealth law can stipulate a longer time for the commencement of a prosecution for a particular offence.New South WalesUnder section 56 of the Justices Act 1902 (NSW) in the case of an offence punishable on summary conviction, an information or complaint must be made within 6 months, unless some other time is specified by the particular statute dealing with the offence.VictoriaUnder section 26(4) of the Magistrates’ Court Act 1989 (Vic) the time limit for commencing proceedings for a summary offence, unless otherwise provided, is 12 months after the date on which the offence is alleged to have been committed.Western AustraliaUnder section 51 of the Justices Act 1902 (WA) unless some other time is stipulated, the time limit for laying a complaint in the case of a simple offence is 12 months after the alleged offence. See also section 574(1) of the Criminal Code (WA).Australian Capital TerritoryUnder section 31 of the Magistrates Court Act 1930 (ACT) unless otherwise provided:where the maximum term of imprisonment is more than 6 months for a first conviction, the prosecution may be commenced at any time after the offence is committedwhere the maximum term of imprisonment does not exceed 6 months for a first conviction, the prosecution must be commenced within one year after the commission of the offencewhere the punishment is a pecuniary penalty and no term of imprisonment, the prosecution must be commenced within 1 year after the commission of the offence.Northern TerritoryUnder section 52 of the Justices Act 1928 (NT) if no time is specified in a particular statute creating the offence the complaint must be laid within 6 months from the date of the alleged simple offence.QueenslandUnder section 52 of the Justices Act 1886 (Qld), a complaint in the case of a simple offence or breach of duty must be made within 1 year from the time the offence was committed unless some other time is specified.South AustraliaUnder section 52 of the Summary Procedure Act 1921 (SA), unless otherwise indicated, a prosecution for a summary offence must be commenced:in the case of an expiable offence - either within 6 months from the date the expiation notice was given to the person or, if the expiation notice was not given to the person, within 6 months from the date of the alleged offencein the case of an offence that is not an expiable offence, proceedings for a summary offence must be commenced within 2 years from the date of the alleged offence.TasmaniaUnder section 26(1) of the Justices Act 1959 (Tas) a complaint must be made within 6 months of the commission of the alleged simple offence or breach of duty, unless otherwise indicated in the relevant statute. However, notwithstanding this provision:if the matter could also give rise to an indictable offence and the person has been charged with the indictable offence within 6 months from the alleged commission of the offence (or other period specified in a statute dealing with that particular offence) - a complaint for a simple offence can be made within 12 months from the date the offence was alleged to have been committedif the matter giving rise to the simple offence could also give rise to an indictable offence and the person has been charged with the indictable offence within the relevant time and has consented to the making of the complaint - a complaint for a simple offence may be made against a person at any time.The article is herehttp://www.aph.gov.au/SENATE/committee/clac_ctte/completed_inquiries/1999-02/child_migrat/report/e06.htmI hope this is of assistance and if so please click on the accept button
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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