Aggravated Burglary, Theft – Suspended Sentence

It was alleged our client, in company with several co-accused, forced their way in the victim’s home in the early hours of the morning and confronted the victim, demanding property.

Property was stolen and the accused parties left the scene.

The offence was aggravated by the presence of young children during the incident. Our client faced charges of:

We represented the client at the Broadmeadows Magistrates’ Court.

Through early negotiations with the Police in relation to, firstly, the role played by the client in the offending and, secondly, how this participation would be described to the court by the Police, the matter was able to be finalised quickly and with a positive result for the client.

By way of sentence, our client was convicted and fined on the charges of Theft (x 2) and Drive Unlicensed (x 2) and was given 3 months to pay. For the charges of Aggravated Burglary and Theft, he received a three-month gaol term with one month to be served in custody immediately and two months suspended for 12 x months. Given the seriousness of the offence and our client’s extensive criminal history, this was a very positive outcome.


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