Employment Theft – Diversion

Diversion for Employment TheftOur client was charged with Theft and Obtaining Property By Deception offences. Our client had been employed as a finance manager in a small business. It was alleged that during his employment, he stole a fuel card that he was not entitled to use and then used it to make purchases to the value of $12,000 over a three-year period.

The theft and deceptions were eventually uncovered during an audit and our client was contacted by the police and formally interviewed. Our client made admissions to the offending during the record of interview.

We represented the client at the Ringwood Magistrates’ Court.

Ultimately, our client was placed on a diversion plan with conditions that he make a donation to the court fund and prepare letters of apology and gratitude. This was an excellent result as had our client received a criminal record, it is unlikely that he would have been able to continue with his chosen career. He is now in a position to move forward with a clear record.

Achieving diversion is a two step process. First, the prosecution must agree to provide a diversion notice. Second, the matter must be considered and approved by a Magistrate. In this case, we made it clear to the prosecution that our client was in a position to pay back all the funds. We also put forward his other mitigating circumstances including the potential damage to his career and the fact that he has never been in trouble before.

We worked with our client to prepare strong material for court in support of the application for diversion. This included references, evidence of academic achievement other financial documents. Further, our client saved money and obtained a bank cheque to present to the court for the full amount owing to his former employer.

It is very unusual to get diversion for a matter such as this where the quantum is so high and the offending occurs over a prolonged period of time. The long term benefits to our client in achieving diversion may be immeasurable. Certainly, he has been able to protect his career prospects and this was his main priority.


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 10/03/2016