Burglary and Theft – Successful Diversion

Our client was charged with burglary, theft, and drunk in a public place. He was 22 at the time of the offence. After several hours of drinking, he had entered a pub by gaining access through a roller door. Our client had damaged the roller door to gain access and, once inside, he and two other males whom he didn’t know took several cans of alcohol from the pub. An alarm was activated shortly after their entry. The police attended and our client was arrested at the scene.

Due to our client’s level of intoxication, it took several hours before the Police formally interviewed him over the alleged offence. During the interview, he was extremely remorseful for his behaviour and vowed to repay the costs incurred by the owner of the pub. He was at a loss to explain his actions. Our client had no prior court history and had a good employment history. He repaid the owner of the pub the entire cost to repair the door.

Shaun Pascoe represented our client at the Heidelberg Magistrates’ Court.

Our client received a diversion for all offences. Although the charge of burglary is considered serious, our client had taken extraordinary steps to demonstrate his remorse and resolve to make good on his poor actions. Our client had repaid the costs to repair the victim’s roller door. He had also commenced counselling to address the depression and his alcohol consumption. He was co-operative with the Police when interviewed and he expressed genuine remorse for his actions at the earliest opportunity. He also provided several excellent character references wherein the authors spoke of his good character and all made the point that he was otherwise a productive young man. The circumstances of this particular offence were unusual, and but for the exceptional material tendered at the hearing, the application for diversion would have been refused.

The charge of burglary is a serious one and an application for diversion would ordinarily be refused. The difference here was that all the material supported a view that this was a young man who had made a stupid mistake, but had done everything in his power after the offending to correct his error.


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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