CCO for Armed Robbery and Recklessly Causing Injury

This is a case that resulted in a CCO for Armed Robbery and Recklessly Causing Injury.

What is alleged to have occured?
Our client and three others allegedly broke into convenience stores in the early hours of the morning. It was claimed that they had used weapons to enter the convenience stores before stealing approximately $30,000 worth of cigarettes. Two of the attendants were injured during the robberies. All of the offenders were apprehended by the police in a stolen car later the same evening. The client was interviewed and made full admissions to the police about what had happened.

What happened at court?
We acted on the client’s behalf at the Melbourne County Court on the following charges:

The matter was heard as a plea in the County Court. The plea focused on our client’s youth, as he was 18 years old at the time this happened. He had no prior history of any kind and had a supportive family who came to court on the day of the plea.

Character references were tendered and were written by family members and close family friends, each describing our client’s conduct as completely out of character and is a symptom of a young man who had lost his way.

At the time of the offending, the client had been using drugs and had been kicked out of the family home. However at the time of the plea, he had clean urine screens, had commenced drug counselling, and was living back at home. He was also now working full time whilst undertaking an apprenticeship.

We submitted to the court that even though the charges were very serious and usually resulted in the offender being sentenced to an immediate term of imprisonment, the court should give our client an opportunity to serve a sentence in the community. We highlighted the client’s youth, remorse, early plea of guilty, and good prospects of rehabilitation. We asked the court to order an assessment for a community correction order, which could combine community work hours and therapeutic conditions.

What was the result?
The judge agreed and the matter was adjourned to allow for our client to be assessed. After hearing further submissions, he was found suitable for a correction order and the judge sentenced him to a 2-year correction order with 100 hours of unpaid community work, treatment for drug dependency, and other therapeutic conditions.

This was an exceptional outcome – a CCO for Armed Robbery and Recklessly Causing Injury including other charges. It is very rare for such serious charges to result in anything other than an immediate term of imprisonment. Careful preparation of the plea, including detailed written submissions that were provided to the court in advance of the plea hearing, were critical in obtaining this result. We assisted our client in obtaining strong plea materials and referred him to drug counselling. Without these steps, he would not have been able to avoid a gaol sentence which would have impacted him for the rest of his life.

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 22/02/2018