Burglary – Long Delay in Police Charge
This is a case of Burglary with long delay in the police charge.
Our client had been charged with a burglary that allegedly occurred in 2012. The police had not charged him until 2017 though because his DNA had only been put onto the police database in 2016 and they had used that to allege that he was the perpetrator.
We represented the client at the Sunshine Magistrates’ Court.
The client instructed us that he wanted a sentence indication so that he would know what sentence he would receive if he pleaded guilty. The client had previously spent time in gaol for burglary.
We relied heavily on the long delay in the police charging the client as a mitigating factor. After hearing about the circumstances of the burglary case and especially the long delay in the police charge, including the client’s personal circumstances, the magistrate indicated that if our client were to plead guilty, he would impose a $500 fine.
The client ultimately pleaded guilty and received a $500 fine.
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 24/01/2018