CCO for Aggravated Burglary
This is a case that involves a sentence of CCO for Aggravated Burglary.
Our client was a 21-year old male who had been charged with a range of serious offences. He was charged with aggravated burglary, where he allegedly entered a home and stole a handbag and car keys while the residents were asleep. At some later point, he was driving the car and got into an argument with the female passenger. He got out of the car and walked off to try and calm down. However when he returned, the car was gone. He became extremely anxious to find the girl and the car as he had a number of his personal belongings in the car.
The client then allegedly determined that he needed to steal another car so he could look for her. He did this by entering another house where he stole a handbag, wallet, iPad and car keys, then took off in their car. Credit cards from the wallet were used to buy numerous items at the shopping centre. The car that had been taken by the girl was found by the police soon after. Inside the car were items which were associated with multiple burglaries and thefts from motor vehicles. The client was later apprehended, arrested, and remanded into custody.
This offending breached a Community Corrections Order.
Kristina Kothrakis represented the client at the Dandenong Magistrates’ Court. For this case, she successfully obtained a sentence of CCO for Aggravated Burglary and the other charges. Overall the charges are:
- Aggravated Burglary
- Theft of Motor Vehicle
- Obtaining Property By Deception
- Possess Drug of Dependence
The offending was considered very serious primarily because of the aggravated burglaries. In order for the client to avoid being served with a considerable period of imprisonment, it was important to effectively convey to the magistrate the background which led to the offending, to put it into context.
Our client was a young person who had a stable and normal upbringing. References were tendered from his old high school and groups of which he was a member. These references described him as being intelligent, focussed, and a leader amongst the group. With that as a base, Kristina was able to make the submission that this type of behaviour was not entrenched. This was important in the assessment of both the risk of re-offending and the prospects for rehabilitation.
The client had a strong foundation to grow from. His parents were incredibly supportive and were present in court. Although the offending breached a CCO, the magistrate was persuaded that he had excellent prospects and that a further term of imprisonment was not required. He was released on a very strict CCO which was designed to assist him in leaving behind his negative peer group and starting fresh.
A CCO for Aggravated Burglary and other charges is an excellent outcome especially given the circumstances surrounding the offences.
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 16/02/2018