This is a case of cheque fraud resulting in a wholly suspended term of imprisonment.
A car was being advertised for sale online. The client expressed interest in the car and, following a test drive, paid $25,700 for the car via bank cheque. The cheque however was false in that through a rather elaborate process, the numbers on the bank cheque were altered from $2.50 to $25,700. The cheque bounced and the car was subsequently reported stolen.
The car was then on-sold to a person for $18,000 before the police were able to locate it.
Kristina Kothrakis represented the client at the Melbourne Magistrates’ Court. The charges were:
The client had a long history of appearances at court for similar types of matters including drug-related offending. However the police took a very long time to issue the summons for him to appear. In the meantime, the client had been sentenced for other matters which included a lengthy term of imprisonment.
Kristina made submissions about the unfairness that the client would go through if he were to receive a term of immediate imprisonment for this matter. This was because as a result of the delay, he had lost the opportunity to have the matter heard and dealt with as part of the sentences he previously received. The magistrate agreed and was persuaded to wholly suspend the term of imprisonment.
It must be noted that suspended sentences have been abolished. However in this particular case of cheque fraud, the client was able to receive one as the offending was committed prior to the change in the legislation.
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 08/12/2017