Prior to the matter proceeding before the court, the informant was approached for a recommendation for diversion. Diversion is a program whereby upon completion of certain court-imposed conditions, the person does not have criminal findings disclosable against them. The informant refused to recommend our client for diversion on the basis that she made a no-comment record of interview. We note that this is not a barrier to diversion.
Dee Giannopoulos acted on the client’s behalf at the Heidelberg Magistrates’ Court. She was ultimately successful in securing a diversion for theft charges which in this case were:
- Attempted Theft
- Going equipped to steal
- Dealing with property suspected of being proceeds of crime
We attended court with our client and had a case conference with the prosecution. The Prosecution were advised of the position that our client had no prior court matters and that these matters being found proven and recorded against her could be detrimental to her
application for citizenship.
The prosecution was ultimately persuaded by our solicitor to enter the recommendation for diversion.
Diversion for theft charges is a great outcome for our client because as long as she abides by the conditions imposed upon her, she will not have a disclosable court outcome for this matter and in turn still has a clean record.
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 16/08/2017