Employment Theft – Community Corrections Order

This is a case study of theft from employer resulting in a sentence of Community Correction Order.

What is alleged to have occured?

Our client was an employee at a retail store. He was using his key to enter after hours, take stock, then sold them on ebay. He took nearly 500 items over a period of 18 months and made almost $140,000. He was detected when a stocktake was conducted and the loss of stock was noticed. CCTV was viewed, which clearly showed him entering the store empty handed but leaving with bags in his hand. He was interviewed and made full admissions. He was terminated from his employment.

He was charged with the following offences:

• Dealing With Property Suspected of Being Proceeds of Crime
• Theft
• Obtaining Property By Deception

What happened at court?

Kristina Kothrakis acted on his behalf at the Melbourne County Court.

Theft from employer is viewed as a particularly serious example of theft, as it involves a breach of trust. Although the client did not have any prior convictions, a term of imprisonment was a very likely outcome considering the value of the items stolen, the extended period of time the thefts were committed over, and the breach of trust.

On the plea, we submitted psychological material which detailed his unusual family dynamic, where his parents neglected and ignored him while favouring his sister. This environment left him being rather naive and susceptible to the temptations that presented themselves in his place of work. Character references were tendered which demonstrated that his character was otherwise one which would lend itself to complete rehabilitation. He had made an apology to his employer shortly after the offending was discovered, and we were able to rely upon his genuine remorse.

Our client is a young person of less than 25 years who was intelligent and enrolled in tertiary education. We urged the court to consider a Community Corrections Order, which did not involve a term of imprisonment, so that his future prospects will not be irrevocably damaged. This was ultimately acceded to.

What was the result?

Our client was placed with conviction on a Community Corrections Order for a period of 4 years. Special conditions were imposed whereby he must perform 500 hours of unpaid community work, be subject to supervision, and be assessed and treated as directed.