Aggravated Burglary, Theft and Driving Charges – Significant Charges Withdrawn

Our client was charged with numerous offences: aggravated burglary, burglary, three counts of theft, driving whilst disqualified, and failing to stop when directed by police. He was remanded on these matters and bail was refused.

It was alleged that on one evening, our client entered a property by cutting through flywire door and stealing numerous items, including a laptop and television. He was intercepted in the early hours of the next morning as a passenger in a vehicle. The vehicle contained all the items stolen from the property the evening prior.

A search warrant was later executed at our client’s property and the television from that property was located at his house.

It was also alleged that he committed an aggravated burglary, where three persons were present, that keys were stolen from the property and that his vehicle could be seen on CCTV footage. He allegedly then sent a text message to another using his co-accused’s phone, telling him to meet them at a specified location.

It was then alleged that when Police arrived at the specified location, our client was seen driving whilst disqualified and decamped when the police directed him to stop. As a result, he was also charged with traffic offences. These offences were said to have been committed whilst our client was on Youth Parole and County Court bail for separate matters.

In the second matter that was consolidated, our client was charged with driving whilst disqualified. This was determined when he was pulled over at an Alcohol Breath Testing Line.

We represented the client at the Heidelberg Magistrates’ Court.

We held numerous discussions with the prosecutors from the very day that our client was remanded. There was also a charge of theft of petrol, however this charge was withdrawn immediately after the bail application. During the bail application, the lack of evidence was highlighted, which resulted in the withdrawal.

Once all the relevant materials were obtained from the police, we went through all the evidence, including all footage and prepared a plea offer for the Prosecution. All the shortcomings of the police case were highlighted at this stage. On the next occasion at Court, the police accepted our offer, withdrawing the significant charges of aggravated burglary, burglary and theft. They agreed to resolve the matter on the traffic offences only and a single charge of dishonestly assisting in the retention of a stolen good. We emphasised that there was nothing other than the television being located at our client’s home to attribute his presence to the burglary.

Our client’s matters were then abridged to a closer date to ensure his immediate release given the withdrawal of the significant charges. The Magistrate imposed no further sentence other than his time already served in custody. This was despite the offences being committed whilst on Youth Parole and County Court bail. There were also no orders made against his licence, despite his criminal priors.

 


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 25/02/2013