Diversion for Theft and Obtain Property By Deception
Our client was charged with Theft (including a mobile phone, wallet, key sand cash), three charges of Obtaining Property By Deception (using cards from the stolen wallet to make purchases), and Handling Stolen Goods. She had allegedly stolen the victim’s wallet at a pokies venue and then used the bank cards from the wallet to make a number of subsequent purchases. The police had initially refused diversion on the basis that the matter was too serious.
We represented the client at the Melbourne Magistrates’ Court. For this case, we were ultimately successful in obtaining a diversion for Theft and Obtain Property By Deception.
Initially, we discussed the prosecution’s refusal to offer diversion with the magistrate and sought an indication from him about whether or not the matter was suitable for diversion in the magistrate’s own view. This was done in order to put pressure on the prosecution. Following submissions, his Honour agreed that he would deal with the matter by way of diversion if it was offered by the prosecution.
Following further discussions with the prosecutor, an offer for diversion was agreed upon. The client was subsequently granted diversion which was a great result as she managed to maintain her clean criminal 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 04/08/2016