Employment Theft – Good Behaviour Bond Without Conviction

This is a case study on obtaining property by deception in an employment context at the Melbourne Magistrates’ Court, where the client received a good behaviour bond without conviction.

What is alleged to have occured?

Our client was charged with having stolen nearly $18,000 from her employer. She was a property manager and was applying for the client’s bonds to be returned early, and was putting the money into her bank account. This occurred over a period of a year. The offending was detected and she was terminated. She was interviewed by the police and denied being the one responsible for putting the money into her account.

What happened at court?

Kristina Kothrakis represented the client at the Melbourne Magistrates’ Court on the charge of Obtaining Property By Deception.

In the course of taking instructions, it became very clear to Kristina that the client was a lady who had experienced many set backs in life. These included severe natal and post natal depression that required hospitalisation, the death of her brother in shocking circumstances, a divorce, chronic financial problems which resulted in her having to send her children to live with their father, and eviction from her home.

In what was a very challenging period of her life, the client took the money from her employer to alleviate some of her financial stress. It was critical for these circumstances to be set out properly for the court.

What was the result?

One might expect to receive a Community Corrections Order for something such as this. However, the magistrate was persuaded to deal with this matter of employment theft by way of a good behaviour bond for a period of 12 months, without conviction.