This is a case study on a sentence of good behaviour bond for Theft
What is alleged to have occured?
Our client faced charges relating to minor theft of a wallet and the subsequent use of a credit card from that wallet. During the period of this matter, the client also had another prior for a minor dishonesty offence. There were 3 months between the allegations however the first matter had already been dealt with by way of a fine. The latter charges were laid once CCTV footage had been obtained, which is why the matters were not heard together.
What happened at court?
We represented the client at the Melbourne Magistrates’ Court on the charge of Theft.
Although minor charges, the ramifications of a conviction were serious in the consequences. The client has been employed in senior managerial positions and a conviction would prove problematic for future career aspirations.
At the time of the two incidents, the client was abusing alcohol and facing uncertainty with his mental health. He engaged with a psychiatrist following the first incident and he was eventually diagnosed with ADHD. Through discussions with the client’s psychiatrist, we were able to ascertain that although a diagnosis had been made prior to the second incident, he had not yet been medicated.
We had the client assessed for an independent forensic psychologist who confirmed the diagnosis and further stated that mental health and alcohol abuse were relevant to the offending. We made submissions based on these documents and further made submissions about this period in the client’s life.
The client consented to the jurisdiction of the court and pleaded guilty to the charges. The prosecution opened the case against the client by outlining the circumstances of the offending to which he pleaded guilty. Following the prosecution summary, a plea in mitigation was conducted on the client’s behalf. Submissions were made about the client’s personal circumstances and relevant principles of law. The court was informed of his history and the rehabilitation he has undertaken.
What was the result?
Following the plea, the magistrate sentenced the client to a good behaviour bond for Theft. More importantly, this sentence was imposed without conviction.
Elements of Theft:
What is alleged to have occured?
Our client faced charges relating to minor theft of a wallet and the subsequent use of a credit card from that wallet. During the period of this matter, the client also had another prior for a minor dishonesty offence. There were 3 months between the allegations however the first matter had already been dealt with by way of a fine. The latter charges were laid once CCTV footage had been obtained, which is why the matters were not heard together.
What happened at court?
We represented the client at the Melbourne Magistrates’ Court on the charge of Theft.
Although minor charges, the ramifications of a conviction were serious in the consequences. The client has been employed in senior managerial positions and a conviction would prove problematic for future career aspirations.
At the time of the two incidents, the client was abusing alcohol and facing uncertainty with his mental health. He engaged with a psychiatrist following the first incident and he was eventually diagnosed with ADHD. Through discussions with the client’s psychiatrist, we were able to ascertain that although a diagnosis had been made prior to the second incident, he had not yet been medicated.
We had the client assessed for an independent forensic psychologist who confirmed the diagnosis and further stated that mental health and alcohol abuse were relevant to the offending. We made submissions based on these documents and further made submissions about this period in the client’s life.
The client consented to the jurisdiction of the court and pleaded guilty to the charges. The prosecution opened the case against the client by outlining the circumstances of the offending to which he pleaded guilty. Following the prosecution summary, a plea in mitigation was conducted on the client’s behalf. Submissions were made about the client’s personal circumstances and relevant principles of law. The court was informed of his history and the rehabilitation he has undertaken.
What was the result?
Following the plea, the magistrate sentenced the client to a good behaviour bond for Theft. More importantly, this sentence was imposed without conviction.
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
- The accused acted dishonestly
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 09/04/2019
