Goods he shoplifted were not selected on price alone, but the maximum penalty for theft varied from seven years to one year depending upon whether GST was included.
Genesis Pure was charged with theft of an iPhone and SIM pack having a retail value of $1004; shoplifted from the Warehouse. Crimes Act maximum penalties differ depending upon the value of items stolen: seven years if over $1000; one year if between $500 and $1000. Police asked for a court ruling on which section of the Crimes Act applied. Pure should be charged with theft of items valued at over $1000, Justice Mallon ruled. What counts is the monetary value a customer would have paid.
The under or over limit also has ramifications for some resident-only visa holders; conviction for theft of goods valued over $1000 and they are liable for deportation.
Police v. Pure – High Court (28.02.20)
20.040