This is a case study on a sentence of CCO for Theft involving breach of trust.
What is alleged to have occured?
Our client handled monies as part of his official role in a local community sporting club. The funds he received during the period of the offending were meant to be banked on behalf of the club. It was alleged that over a period of approximately 12 months, the client kept the funds he received and used them for his own benefit. The funds stolen totalled in excess of $84,000.
The offending was detected by the club and when confronted, the client admitted his wrongdoing. He was charged with Theft and we represented him at the Ringwood Magistrates’ Court.
This case involved a significant breach of the trust that had been placed in the client by the club. All breach of trust cases are seen as particularly serious by the courts and often attract substantial penalties.
What happened at court?
The matter proceeded as a plea of guilty. We were able to provide the court with evidence of the significant steps that the client had taken to deal with the issues that contributed to the offending. Furthermore, we were able to persuade the court through our sentencing submissions that there was a real alternative to gaol in this case, namely a Community Corrections Order (CCO) – which satisfied all of the relevant sentencing principles including the need for general deterrence.
After hearing submissions on the plea and considering the contents of the three reports relied upon by defence, his Honour stood the matter down for an assessment by Corrections. The client was ultimately assessed as suitable for a Community Corrections Order (CCO) and the matter was brought back into court. After further submissions, his Honour indicated that he would impose only a CCO and would not gaol the client.
What was the result?
The client was ordered to complete a 12-month CCO for the Theft involving breach of trust, which included 300 hours of unpaid community work. Also part of the conditions was that he take part in assessment and treatment for alcohol/substance abuse and complete programs to reduce the risk of re-offending.
Elements of Theft:
What is alleged to have occured?
Our client handled monies as part of his official role in a local community sporting club. The funds he received during the period of the offending were meant to be banked on behalf of the club. It was alleged that over a period of approximately 12 months, the client kept the funds he received and used them for his own benefit. The funds stolen totalled in excess of $84,000.
The offending was detected by the club and when confronted, the client admitted his wrongdoing. He was charged with Theft and we represented him at the Ringwood Magistrates’ Court.
This case involved a significant breach of the trust that had been placed in the client by the club. All breach of trust cases are seen as particularly serious by the courts and often attract substantial penalties.
What happened at court?
The matter proceeded as a plea of guilty. We were able to provide the court with evidence of the significant steps that the client had taken to deal with the issues that contributed to the offending. Furthermore, we were able to persuade the court through our sentencing submissions that there was a real alternative to gaol in this case, namely a Community Corrections Order (CCO) – which satisfied all of the relevant sentencing principles including the need for general deterrence.
After hearing submissions on the plea and considering the contents of the three reports relied upon by defence, his Honour stood the matter down for an assessment by Corrections. The client was ultimately assessed as suitable for a Community Corrections Order (CCO) and the matter was brought back into court. After further submissions, his Honour indicated that he would impose only a CCO and would not gaol the client.
What was the result?
The client was ordered to complete a 12-month CCO for the Theft involving breach of trust, which included 300 hours of unpaid community work. Also part of the conditions was that he take part in assessment and treatment for alcohol/substance abuse and complete programs to reduce the risk of re-offending.
Elements of Theft:
- The accused appropriated property belonging to another;
- The accused did so with the intention of permanently depriving the other of the property; and
- The accused acted dishonestly.
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 27/08/2019
