Our client along with two co-accused was charged with involvement in extensive frauds. The total value of the frauds exceeded $100,000. The prosecution case against the client was that he knowingly participated in the frauds with the principal offender. Many of the fraudulent loans were actually completed in our client’s name. He, in fact, struggled to read and write and could not understand written documents without assistance. He had made this clear in his police interview. There was little evidence of any financial gain to our client.
He was charged with:
- Make false document
- Obtain property by deception
- Obtain financial advantage by deception
Our defence case in was that our client was really a victim of the frauds carried out by the co-accused, who used his details and the client himself as a tool to perpetrate frauds. The groundwork for this defence was laid at committal. Once the matter reached the County Court for trial there were several days of pre-trial argument.
Ultimately, we were able to convince the prosecution to enter a nolle prosequi in relation to all charges. A nolle prosequi represents a formal decision to no longer pursue the prosecution of charges.
A nolle prosequi (notice of discontinuance) was entered and none of the charges were pursued.
As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.
Visit Josh’s profile to read more about his 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