Diversion Application for Aggravated Burglary
Dee Giannopoulos represented the client at the Ringwood Children’s Court. The charges were Aggravated Burglary (person present) and Theft.
Negotiations with the police and prosecution were undertaken in order to limit the number of charges that would proceed before the court. Discussions were also made regarding forensic procedure not being applied for and a reduction in the compensation sought.
We also assisted the client to link in with mental health professionals and education providers so he could be in a position to show the court that he was going to take all the steps necessary to prevent the offending behaviour. This will give the court confidence that he should be given an opportunity to avoid a record.
We further suggested to the client that he find some part-time employment. He listened to our recommendation and gained a part-time job prior to the court date.
A diversion application for Aggravated Burglary and Theft was made next. Diversion is an acknowledgment of responsibility for the offending but, if complied with successfully, would mean that a person will not have a criminal record. This application was successful. The court was very impressed with the work that had been done by our client for his own rehabilitation.
- At the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or
- At the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present.
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 28/08/2019