Burglary, Theft, Going Equipped to Steal

Our client was charged with Burglary, Theft, Possess Proceeds of Crime, and Go equipped to steal.

The victim of the burglary made a complaint to the police. The victim was shown a photo board and pointed out an image of our client and stated that she was 90% sure it was him. Police obtained clothing from our client’s home, alleged to have been of the same type of clothing worn by the alleged offender.

The client denied the allegations in his interview with police. No forensic evidence (fingerprints, DNA) was left at the scene.

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

After negotiations at Case Conference, the prosecution conceded a lack of evidence for all charges, and all charges were withdrawn. This was a pleasing result as the client had always maintained his innocence.

The evidence of the eye witness was successfully challenged, thus weakening the prosecution’s case substantially. Given the uncertainty attendant upon the eye witness evidence, the prosecution would not be able to discharge their legal burden of proving the offence beyond reasonable doubt.

All the charges were withdrawn.

 


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