Burglary, Theft – All Charges Withdrawn
Our client was charged with burglary and theft. It was alleged that he and his co-accused had committed a burglary and stolen approximately $25,000 in goods. As the Police believed that our client and others were involved in numerous other burglaries, they placed our client, whom they believe to be the accused, and his co-accused under surveillance and allowed the burglary to be committed.
The surveillance unit watched several young men enter the premises where the alleged offending took place, watched them steal items, until the males were dropped off accordingly at their homes. One of the stops was at our client’s home.
Police executed a search warrant at our client’s home only a few hours later that morning and did not locate any of the items alleged to have been stolen by our client and his co-accused.
We represented the client at the Broadmeadows Children’s Court.
Consistent requests were made for the statements of those from the surveillance unit as there were numerous problems with identification. We were persistent on requests for the disclosure of documents and shortcomings of the Prosecution case were highlighted, including the inability of the Police to locate any of the items that were alleged to have been stolen by our client.
At a further contest mention, the Prosecution agreed to withdraw all the charges provided that the Defence seeks no costs against the Victoria Police.
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