The client had been charged with 2 sets of burglary charges, both on residential premises.
He had attended at the premises with a trailer on the back of his motor vehicle. On a separate occasion, he had also stolen a car and over a 2 month period, had filled this car with petrol 6 times and driven off without making payment.
He had been apprehended by police following being seen in the stolen vehicle. All of the offending was committed over a 3 month period. He had significant prior convictions, including a term of immediate imprisonment in 2003 for theft related matters.
There had been no further offending since that time. He pleaded guilty in the Magistrates’ Court and received a 6 month term of immediate imprisonment.
- Theft of Motor Vehicle
On Appeal, we were successful in persuading the Judge that a term of immediate imprisonment was not warranted in the circumstances.
Since he was released from custody in 2003, his life charged dramatically. He had ceased all of his negative associations and ceased his drug use. In 2009, his mental health deteriorated dramatically, as a result of unresolved grief, and the culmination of other social pressures. He fell into a severe depression and commenced illicit drug use again. He reacted adversely to his prescribed anti-depressant medication and essentially lost control of his life for a number of months. The offending occurred during this period.
Since, he had stabilised his life and again ceased his drug use. Through the use of psychological and medical material we obtained, we were successful in persuading the Judge that his depressed mental state contributed to his offending and that he had managed to turn his life around somewhat.
He was ultimately sentenced to 6 months imprisonment, which was wholly suspended for a period of 12 months.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her 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