Crimes Act 1961, s 219
If a shop accuses you of shoplifting, you may face a criminal charge of “theft or stealing”. There are three elements to this:
first, that you took the items
second, that you intended to deprive the owner of them permanently, and
third, that you did this dishonestly and without any “claim of right” – that is, without a belief that you had a legal right to the things.
If you plead not guilty, the police will have to prove the case against you beyond a reasonable doubt.
For more about a defence of “claim of right”, see below, “Possible defences to a shoplifting charge”.