Adjourned Undertaking for Dealing With Property Suspected of Being Proceeds of Crime

Difficult CircumstancesThis is a case involving a sentence of adjourned undertaking for Dealing With Property Suspected of Being Proceeds of Crime.

Our client was charged with dishonesty offences including multiple charges of Obtaining Property By Deception and Handling Stolen Goods. The value alleged on the charges was not overly significant but the number of items involved was high.

At 31 years of age, our client has a long and relevant criminal history with court appearances dating back to the Children’s Court. Ordinarily, the offending to which he pleaded guilty would attract a Community Corrections Order or potentially gaol.

We represented the client at the Melbourne Magistrates’ Court on the charge of Dealing With Property Suspected of Being Proceeds of Crime.

Our client has had a difficult life and highlighting his circumstances on the plea was critical to achieving this outcome. Importantly, he is a father and has been in recent times unable to see his children regularly following the break down of his relationship with their mother. The children currently live with a relative and our client is working through Family Court proceedings to work towards regaining custody of his children.

Our client has not been in any trouble for 6 months.

Perhaps most significantly, we made submissions in regards to our client’s deteriorating health. Earlier in the year our client was diagnosed with heart failure and this has impacted heavily on his day to day life. He struggles to walk at a fast pace or have a long conversation without needing to pause to rest. We had obtained his medical records to confirm this and were able to rely on these at court. We argued that because of his health he would not be able to complete the requirements of a Community Corrections Order.

Ultimately the court was persuaded and sympathetic to our client’s predicament. This was reflected in the sentence imposed: an adjourned undertaking for Dealing With Property Suspected of Being Proceeds of Crime.

 


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 11/08/2017