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Barcode Fraud: Dishonestly obtaining property by deception

Wollongong barcode shoplifting case: what happened

In a bizarre yet surprisingly effective scheme, a 54 year old Wollongong man stole hundreds of dollars worth of groceries using a Caramello Koala barcode. His technique involved wrapping the barcode around his finger and scanning it in place of more expensive items, such as ice cream and steak.

The man has since admitted that he knew what he was doing was wrong but claimed his actions were driven by financial desperation, mainly his mother’s expensive medical bills. However, the Sticky Finger barcode trick did not last long, as CCTV footage caught him in the act, leading to being charged with five counts of dishonestly obtaining property by deception.

The case sheds light on a growing issue across Australia. As the cost of living crisis worsens, incidents of shoplifting have become more common. A recent survey from Finder revealed that one in seven Australians admitted to shoplifting in the past 12 months, with many people struggling to afford basic necessities. The financial pressure has driven many to make choices they would not typically consider, as the man himself admitted: “We were very short of money … I know I did wrong.”

Legal consequences in NSW

Shoplifting, while it may seem like a quick solution to financial problems, carries grave legal consequences. Under section 117 of the Crimes Act 1900 (NSW), those caught shoplifting goods valued under $5,000 can face significant penalties. In practice, barcode swapping at self checkouts is frequently charged as dishonestly obtaining property by deception under section 192E, which carries higher maximum penalties. Outcomes depend on value, prior history, and whether the matter is dealt with in the Local Court or on indictment. For tailored advice, see Jameson Law – Criminal Law or court representation.

In this case, despite his ingenious scheme, he was sentenced to nine months in prison, to be served under an intensive corrections order at home. Learn how sentencing works in NSW via our guide to NSW criminal court procedures and sentencing advocacy. If police contact you, read what to do before speaking.

What are common bail conditions?

Usual bail conditions may include any of the following;

  1. Check ins at the local police station;
  2. Requirement to appear in court (either, the local court, magistrates or Supreme);
  3. Written promise;
  4. Requirement not to approach witnesses;
  5. Personal protection clauses for victims;
  6. Restraints on certain community involvement;
  7. Restraints regarding drugs, alcohol or other illicit substances.

For the statutory framework, see the Bail Act 2013 (NSW). Practical public resources include Legal Aid NSW on bail and LawAccess NSW. For help preparing a strong application, speak to our bail application lawyers.

If refused bail, can you reapply?

Technically, yes you can apply if your bail application is refused however you should not attempt to do this without either fresh supporting evidence or a change in circumstances. If the court refuse bail they will not entertain a further application without one of the two factors being met. Continual applications can result in the court becoming impatient which can influence the courts decision overall. Get guidance on next steps from our criminal defence team or contact us to speak with a solicitor.

Can a bail application be opposed?

Yes, a bail application can be opposed. If the prosecution case is that the individual poses a risk to society then they may oppose the granting of bail. There are various factors they may take into account including the possibility of further harm befalling the victim or the potential intimidation of witnesses. If police oppose bail, this makes the task of the defence lawyer even more challenging as they not only need to convince the court, they need to counter act any argument put forward by the prosecution. See NSW Police for offence reporting and NSW Courts for listings and information.

What is bail authority?

Like any decision, courts take precedent cases or authorities into account when making decisions about bail. Bail laws only partially guide the court’s decision. It is a challenge to grant bail when there are ultimately so many unknowns and a great deal of faith is being placed in the defendant. If you need urgent help, start with court procedures, then contact Jameson Law or call (02) 8806 0866.

As financial stress continues to mount for many Australians, it is crucial to remember that resorting to theft only creates further complications. If you are facing charges related to shoplifting or any criminal offence, seek legal advice from Jameson Law. We are here to help you navigate the complexities of the legal system and find a path forward.

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