Employment Theft – Good Behaviour Bond Without Conviction

This is a case of employment theft resulting in a good behaviour bond without conviction. The client was a lady in her 40’s who had no prior history whatsoever with the court. She was charged with a class of offending which is viewed particularly seriously by the courts – that is, theft in the context of employment. Courts consider the breach of trust to be an aggravating feature.

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.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.
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 19/02/2018