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Aggravated Burglary and Other Charges – No Criminal Priors

Melbourne County CourtThis is a case study on Aggravated Burglary and other charges involving an accused with no criminal priors.

Our client was a young person with no criminal priors. She was charged with Aggravated Burglary, Criminal Damage, Assault, and Theft; and she was charged with a co-accused. The allegations were that she and the co-accused had attended another friend’s house to confront the friend over an unpaid debt. In the heat of a fight, our client had smashed items in the property whilst her co-accused had assaulted the victim and stolen property. There was a very high risk that our client would be serving an immediate term of imprisonment.

Greer Boe acted on her behalf at the Melbourne County Court. The exact charges were:

The plea proceeded over two days. Written submissions had been filed in advance with substantive submissions made on day 1. These submissions surrounded on the following factors about the client:

  • Youth
  • Lack of history
  • Absence of further offending
  • Early plea
  • Pregnancy, and associated hardship
  • Admissions and co-operation with police
  • Significant efforts at rehabilitation and engagement with supports
  • Remorse
  • Complex mental health issues

After being found suitable for a Community Corrections Order (CCO), further submissions were made regarding the sentence. His Honour ultimately sentenced our client to a CCO. This was a good outcome for a case of Aggravated Burglary and other charges involving an accused with no criminal priors

Elements of Aggravated Burglary:

  • The accused commited a burglary; and
  • The accused, during the time of the offending, has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or
  • At the time when the accused entered the building or part of the building, a person was then present in the building or part of the building and the accused knew that a person was then so present, or the accused was reckless as to whether or not a person was then so present.

 
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Greer BoeGreer Boe Profile Picture

Greer is based at our Melbourne office and handles criminal cases at all courts in Melbourne. Prior to her admission as a lawyer, Greer has clerked for a number of barristers with chambers in Brisbane and Sydney.

Greer has an extensive exposure to indigenous communities and is a fearless advocate. She has been involved in social justice organisations and believes in restorative justice as a pathway to rehabilitation.

Visit Greer's profile to learn more about her.  


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 13/09/2018