The client was an employee of VicRoads. His role included inspecting vehicles for the purpose of registration and for the purpose administering roadworthy certificates. He had been charged along with 5 other men in relation to an organised motor vehicle theft operation involving the re-birthing of hundreds of cars.
What is alleged to have occured?
In the course of employment in public office, the client failed to act in accordance with VicRoads policies and procedures by fraudulently registering, altering and/or otherwise misleading the records associated with various motor vehicles:
This was done by falsifying documents and entering incorrect information into the VicRoads system. The false information was alleged to have been provided to the client by the co-accused.
The client had a total of 76 charges against him. The maximum penalties associated with these offences is 10 years imprisonment for each charge. Our client was pleading not guilty.
What happened at court?
Kristina Kothrakis represented our client at the Melbourne County Court.
Two of the co-accused entered pleas of guilty to re-birthing in the County Court and received significant reductions in their sentences by providing an undertaking to the Court that they would give evidence against our client. These co-accused still received periods of imprisonment, albeit suspended. Our client was determined to proceed to Trial.
Following 3 months of hearing, the matter finally resolved on the basis that all charges would be withdrawn, except for 2. He pleaded guilty to one count of misconduct in public office, and one count of make false document.
What was the result?
The client was placed, without conviction, on an adjourned undertaking to be of good behaviour for a period of 12 months on the misconduct charge, and was discharged without conviction on the other.
What is alleged to have occured?
In the course of employment in public office, the client failed to act in accordance with VicRoads policies and procedures by fraudulently registering, altering and/or otherwise misleading the records associated with various motor vehicles:
- Common law offence – misconduct in public office x 37
- Obtain financial advantage by deception x 16
- False accounting x 20
- Falsification of documents x2
- Conspiracy to enter into an agreement with others to deceive a third party, with the intention of causing that person to act in a way that would have caused them economic loss x2
This was done by falsifying documents and entering incorrect information into the VicRoads system. The false information was alleged to have been provided to the client by the co-accused.
The client had a total of 76 charges against him. The maximum penalties associated with these offences is 10 years imprisonment for each charge. Our client was pleading not guilty.
What happened at court?
Kristina Kothrakis represented our client at the Melbourne County Court.
Two of the co-accused entered pleas of guilty to re-birthing in the County Court and received significant reductions in their sentences by providing an undertaking to the Court that they would give evidence against our client. These co-accused still received periods of imprisonment, albeit suspended. Our client was determined to proceed to Trial.
Following 3 months of hearing, the matter finally resolved on the basis that all charges would be withdrawn, except for 2. He pleaded guilty to one count of misconduct in public office, and one count of make false document.
What was the result?
The client was placed, without conviction, on an adjourned undertaking to be of good behaviour for a period of 12 months on the misconduct charge, and was discharged without conviction on the other.
Kristina Kothrakis
Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.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.
View Kristina Kothrakis’ profile.
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 25/02/2013
