Diversion Application for Handling Stolen Goods

BicycleThis is a case study on a diversion application for Handling Stolen Goods.

Our client was a cycling enthusiast who would also buy and sell bike components as a hobby. He was charged with handling and receiving stolen goods. At the time of the offence, he was employed full time and had a responsible position in an accounting firm. He had no prior criminal history.

The brief circumstances of the alleged offending were that he purchased a bike at a price that was simply too good to be true and in circumstances where further enquiries should have been made to establish the seller’s bona fides. After he purchased the bike, he subsequently sold various parts online.

When interviewed, he was very cooperative and assisted the investigators to the full extent possible. His cooperation made it possible for the police investigators to recover the constituent parts of the stolen bike. If he were to be convicted or found guilty for a dishonesty offence, there would be adverse consequences for his career.

Shaun Pascoe provided legal representation for the client at the Melbourne Magistrates’ Court. The charges were:

The case proceeded as a diversion application. The client was in the fortunate position to have been recommended for diversion by the investigating police officers. During our conferences with the client, he was told to obtain material (character testimonials) that would serve to demonstrate his good character.

At the diversion hearing, several impressive character references were placed before the court, and the magistrate was given a full explanation of all factors in mitigation. By reason of the material submitted in this mitigation, the magistrate was persuaded to grant our client a diversion. It was a successful diversion application for Handling Stolen Goods. Consequently, our client’s employment and career progression were not adversely affected as he avoided a criminal record.

Elements of Handling Stolen Goods:

  • The accused handled the goods
  • The goods were stolen goods at the time the accused handled them
  • The accused knew or believed at the time he/she handled them they were stolen goods
  • The accused’s handling of the goods was dishonest

 
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Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his 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 01/11/2018