Diversion for Obtaining Property By Deception
This is a case study on a sentence of diversion for Obtaining Property By Deception.
Our client was charged by the police for using stolen credit card details to purchase items on the internet to the value of $6,000. He was facing two charges of Obtaining Property By Deception. The police identified the fraudulent transaction, obtained the delivery address, then intercepted our client when he picked up the package. They then executed a search warrant at his house and found receipts for other items that had been obtained in the same way. The client made full admissions to the police about what he had done.
We represented the client at the Moorabbin Justice Centre. The charges were:
- Obtaining Property By Deception
- Attempt to Obtain Property By Deception
Our client came and saw us after the police interview. He was highly distressed as he was on a visa and was in the process of applying for permanent residency. Having a criminal record would mean that he could fail the character test.
We contacted the police member who had carriage of the investigation. We advised them that our client was willing to pay the victim the amount they had lost if the police would recommend him for diversion for the Obtaining Property By Deception charges. We facilitated the payment of restitution to the victim and a diversion notice was filed with the court. From here, the focus was obtaining as many character references and supporting materials as we could in order to demonstrate that this had a been a mistake that was completely out of character, and that our client was genuinely remorseful.
We assisted our client to complete the diversion questionnaire and we were present for the interview with the diversion coordinator. Despite the support from police and the materials in support of diversion, it was refused at first instance by a magistrate sitting in chambers. We asked for the matter to be sent into court so that we could make submissions in support of diversion.
After hearing oral submissions, the magistrate was persuaded to allow our client the opportunity to participate in the diversion program. The conditions imposed were that he be of good behaviour, write a letter of apology to the victim, and pay a small donation to a local charity.
This result was exceptional due to the seriousness of the charges and the value of the deception. It was invaluable to our client who now has the opportunity of applying for his permanent residency without a criminal record. It would not have been possible without the early negotiations with the police to obtain their support for diversion for Obtaining Property By Deception. This was made possible due to our client seeking early legal assistance and following our advice at each stage.
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 26/02/2018