Fail to Comply with CBO – Wholly Suspended Sentence

Our client was 18 when he committed an armed robbery on a milk bar. He entered the store wearing a mask and holding an imitation firearm. The firearm was pointed in the direction of the female store attendant. The only item ultimately stolen was a piece of confectionery. No physical injuries were caused. He was apprehended within hours of having committed the offence.

This plea centred around the client’s significant mental health problems. He was severely unwell at the time of the commission of the offence. A great deal of psychological material was placed before the Court outlining the history of his mental illness, and what professional supports he had in the community. You can normally expect to receive a significant term of imprisonment for an armed robbery, however the Judge accepted our submission that this was an exceptional case, and that sentencing principle’s such as general deterrence and denunciation ought be heavily moderated.

The Judge placed him on a 2-year Community Based Order and ordered that he perform 200 hours of unpaid community work over that time, and comply with treatment. He breached that Corrections Order three times for non-compliance.

Kristina Kothrakis represented our client at the Melbourne County Court for the charge of Fail to comply with CBO.

The Judge ultimately sentenced him to a 6-month term of imprisonment which was wholly suspended for a period of 12 months.


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.

Visit Kristina’s profile to read more about her background and experience.

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 25/02/2013