This is a case study on a sentence of Community Correction Order for multiple burglaries.
Our client had committed a series of burglaries within a 3-year period. He was charged with these offences in 2017 after the police had tested DNA left at the scene of each burglary and linked it to the client.
The client pleaded guilty to the charges and we represented him at the Broadmeadows Magistrates’ Court. The charges were:
The client pleaded guilty to the charges and we represented him at the Broadmeadows Magistrates’ Court. The charges were:
During submissions, we noted that the offences occurred when our client was dealing with a period of drug addiction which he had since overcome. We submitted that our client’s extensive rehabilitation since the burglaries occurred and the significant delay in the matters coming to court meant that our client was entitled to a reduced sentence. We further pointed out that at the time of the offending, the client had a limited criminal history.
Before the matter went to court, we also spent time with the client gathering personal information, medical documentation, character references, and work documents. Investing time in obtaining this supporting material was key to getting our client a good result.
The magistrate sentenced our client to a Community Corrections Order with work conditions. This was an excellent result given that multiple burglaries had occurred and the client had a criminal history for similar offending. The magistrate noted during sentencing that ordinarily this case would result in imprisonment.
Elements of Burglary:
- The accused entered a building or part of a building;
- The accused did so as a trespasser;
- At the time of entry the accused:
- intended to steal something from the building or part of the building; or
- commit an offence punishable by imprisonment for a term of five years or more involving either:
- an assault to a person in the building or part of the building; or
- damage to the building or to property in the building or part of the building
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 18/01/2019
