Diversion for Theft

This is a case study on a charge of Theft resulting in a diversion.

What is alleged to have occured?
Our client allegedly put some fruit into her bag and left without paying. She then allegedly provided a false name and date of birth to the security officer. She had previously been given a caution. She instructed it was an accident and forgot the items were in her bag.

What happened at court?
Our client was charged with Theft and we acted on her behalf at the Heidelberg Magistrates’ Court.

Our client’s goal was to avoid a criminal record. She instructed us that she wanted diversion or she would plead not guilty and go to a contest. The Informant refused to recommend diversion on the basis that she had been cautioned before.

Whilst a criminal record does make it very difficult to obtain diversion, a caution is not a criminal record and given that the amount of the items allegedly taken was so small, it was a harsh decision by the Informant.

It seemed pointless to try to change the Informant’s mind as he had already contemplated diversion. Police Prosecutors however can recommend diversion without the support of an Informant and so it was concluded that the best approach would be to speak to the Prosecution.

What was the result?
At case conference, we were able to convince the Police Prosecutor to recommend our client for diversion. The client was able to avoid a criminal record without having to push the matter to a contest at a great cost and potentially being found guilty.

Our client was approved for a diversion program with conditions that she be of good behaviour during the period and that she must write a letter of gratitude to the Informant for the diversion.
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 21/07/2015