Diversion for Theft From a Supermarket

This is a case study on a sentence of diversion for theft from a supermarket. The client co-operated with the investigating police officers and made full admissions. The informant did not originally recommend diversion for this matter despite the low property value and absence of court history.

What is alleged to have occured?
Our client was charged with theft from a supermarket. He had been apprehended with the items before he left the store and so all items were returned. The value of the property taken was $29.70. The client had a previous caution for the same offence, albeit it was many years ago. He had otherwise never been to court.

What happened at court?
We provided legal representation for the accused at the Heidelberg Magistrates’ Court.

We tendered material at our client’s diversion hearing which demonstrated that our client had engaged in a course of psychological counselling in the period after his arrest. The client also had an excellent employment history and several testimonials were indicative of the offending being out of character.

Through the case conference processing, a prosecutor was persuaded that it was entirely proper for our client to be given the opportunity to avoid a criminal history.

What was the result?
We successfully obtained a diversion for the client. This was a very pleasing outcome, especially that a diversion for theft from a supermarket was originally not recommended by the prosecution.

Elements of Theft:
  • The accused appropriated property belonging to another;
  • The accused did so with the intention of permanently depriving the other of the property; and
  • The accused acted dishonestly.
Related case studies
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 10/08/2018