Diversion for Theft Charges

This is a case study on theft charges at the Heidelberg Magistrates’ Court, where diversion was granted after the prosecution was persuaded of the impact a criminal finding would have on the client’s citizenship application.

What is alleged to have occured?

Our client was charged with multiple thefts from retail stores in a shopping centre near her place of employment. She was not an Australian Citizen and any form of criminal finding against her may have significant implications on her application to become a citizen. She came before the court with no prior history.

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.

What happened at court?

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:

• Theft
• 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.

What was the result?

The matter proceeded before the Judicial Registrar and our client was granted diversion. She was asked to complete 3 conditions: make a charitable donation, write a letter of thanks to the informant, and be of good behaviour for a short period of time.

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.