Property-Related Offences, Threat to Kill, and Breach IVO – CCO
Our client was charged with a variety of offences, mostly property-related: Burglary, Theft, Handle/Receive Stolen Goods, Contravene Intervention Order, and Make Threat to Kill. With each offence, an associated Breach of Bail charge was also laid.
The burglary offence involved a commercial premises, a modest sum of money (less than $200) that was taken, and the fact that it was planned but not as well executed. The Threat to Kill charges concerned our client’s father and these charges were eventually withdrawn through a process of negotiation with the police.
Our client had been placed on bail for an earlier offence and had breached his bail either by further offending or by non-compliance with a bail condition (for example, failing to report to a police station). In total, our client pleaded guilty to over 15 offences. He was 46 years old at the time of the offending and had a few prior court appearances for criminal offences, which had resulted in without conviction outcomes.
Shaun Pascoe represented the client at the Heidelberg Magistrates’ Court for the following charges:
- Theft from motor vehicle
- Attempt to commit indictable offence
- Commit indictable offence whilst on bail
Our client was placed on a Community Corrections Order for 9 months, with conditions to complete 100 hours of unpaid community work and to attend counselling for drug use and mental health as directed by Community Corrections. This was a good outcome as the allegation of burglary was a serious example of a break and enter on a commercial premises.
Another aggravating feature of the offending was that our client had committed offences whilst on bail. We made submissions to the court explaining that our client had succumbed to drug use (ice) after a difficult marriage break-down. Prior to his marriage ending, he had not been to court for any offences and had worked successfully for many years as a painter.
Despite our client’s difficulties, and the uncertainty as to how the court will deal with his offending, he sought out counselling for his long standing mental illness (depression) and had abstained from drug use. Reports were prepared during the preceding months before sentencing to prove his on-going participation in counselling. He also enjoyed good family support (who attended court on each and every occasion his cases were listed).
Our client’s remorse for his offending was very apparent in the police questioning of him. Our client did not have a significant criminal history and had no priors for burglary. He had also pleaded guilty at an early stage to the offences (save the Threat to Kill which had been withdrawn)
He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.
Visit Shaun's profile to read more about his 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 10/06/2016