Handle Stolen Goods, etc. – Adjourned Undertaking, No Conviction

Our client worked for a number of years in a chain clothing store. She opened an ebay account and was selling her old clothes for profit to help fund her move out of a toxic environment at home.

After successfully selling a number of clothing items, she began to take items from work that were damaged or seconds that were marked for destruction or donation and, where possible, fix them herself at home and then sell them through her ebay account.

She sold approximately 330 such items through ebay and made a profit of more than $10,000. She also sold a number of items that she had shoplifted from an unconnected department store.

Our client was charged with:

We represented her at the Sunshine Magistrates’ Court.

We were able to obtain a psychological report explaining why she was so desperate to move out of home which contextualised the offending. We were also able to negotiate with the prosecution in relation to amending the police summary to reflect this context, and that the goods from her employer had nil monetary value and therefore avoid a compensation claim by the employer despite her making a profit from them.

After making numerous submissions to the Court in relation to this and relying on the material contained in the psychological report, we were able to convince the court NOT to impose a conviction against her, but rather place her on an adjourned undertaking to be of good behaviour with the sole condition that she access a mental health review plan as recommended by the psychologist.

The Court ultimately agreed and placed our client on an adjourned undertaking without conviction to be of good behaviour for 12 months with the single special condition that she enters into a mental health plan (as arranged).

 


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