Burglary, Theft, Obtaining Property by Deception, Dealing with Proceeds of Crime

This is a case study involving an offence that breached a suspended sentence of 42 days imprisonment imposed in October 2008.

What is alleged to have occured?
The prosecution alleged that the client had been acting in concert with a co-accused, and hence liable to be charged with the offences of burglary and theft.

What happened at court?
We represented the client at the Ringwood Magistrates’ Court.

It was clear from first listing of the case that the evidence in support of the burglary, theft and deal with proceeds of crime were not strong.

Ultimately, and after prolonged negotiations with the police prosecutors, the serious charges of burglary and theft were withdrawn.

A plea in mitigation commenced with respect to charges of obtain property by deception and possess cannabis (very small quantity).

What was the result?
Despite the offending occurring during the operation of a suspended sentence, we successfully argued exceptional circumstances by marshalling material (collected over several months) which was powerful evidence of the sustained efforts over 17 months our client had made towards her rehabilitation for drug addiction.

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