Diversion Application for Theft

diversion application for theftOur client was in a public toilet in a shopping centre. A shopper had left her mobile phone case which contained her phone and bank cards in the toilet. It was alleged that our client stole them. While still in the bathroom, the shopper realised she had forgotten her belongings and went back inside. She then encountered our client and asked if she had her things. Our client denied and quickly left the area.

The shopper activated the Find My Phone tracking application and proceeded to attempt to follow her phone. She located our client sitting in her car, confronted her, and demanded her belongings back. Just prior to the confrontation, our client had allegedly removed the SIM card and broke it. She also removed cash which was in the phone case.

After a verbal altercation, the phone and the cards were returned.

Kristina Kothrakis represented the client at the Dandenong Magistrates’ Court on a charge of Theft.

Our client was a woman in her late 40’s with no prior criminal history. She had worked very hard her whole life. At around the time of the offending, she was in a particularly low place. She had worked very hard establishing a business which ultimately failed. A few days after the doors closed, her husband left her because he did not want to have to support her. She suffers from a chronic disease which is an incurable disorder affecting all the organs in her body. She was left with no money, no support, and no house, as the husband refused to continue making mortgage repayments. She was forced to move into a shared house with another 5 people living there. At her age, it was very distressing to her.

Considering our client’s circumstances, an application for diversion was appropriate and so was made. This was submitted to the police informant who, initially, refused the application because our client had not made admissions during her record of interview. Kristina pursued the issue because she disagreed with the police policy that has emerged where they consider admissions at the interview to be a requirement for diversion eligibility. Ultimately, the police informant was persuaded to recommend diversion.

We presented the magistrate with medical material and character references, which resulted in the magistrate agreeing to diversion.


Kristina KothrakisKristina 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.

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 19/07/2016