Obtaining Property By Deception – Community Corrections Order

This is a case study on obtaining property by deception at the Melbourne Magistrates’ Court, where 60 charges were reduced to five and the client received a community corrections order without conviction.

Our client was initially charged with 60 dishonesty offences. These charges were related to obtaining property by deception, obtaining financial advantage by deception, and use false identity information.

What is alleged to have occured?

The total value of the offending was initially $13,000 and it occurred against her employer. Our client made full admissions when first interviewed. She also had no prior court appearances.

What happened at court?

We represented the client at the Melbourne Magistrates’ Court.

During case conference discussions, several of the Use false identity information charges were withdrawn and the remaining offences rolled-up on a between dates basis. The effect of this was to reduce the total number of charges from 60 down to 5 offences.

In addition, and to try and shed some light on the offending, a psychological report was organised. Our client was also advised early that because the offending was aggravated as it occurred in the context of her employment relationship, she should endeavour to repay as much of the restitution sought by the complainant as was possible.

Through case conference discussions the amount of restitution sought was reduced from $13,000 to $8,000. Of this $8,000, our client had paid $7,000 and so we were able to say that she had made substantial repayment.

Furthermore, our client was co-operative with the Police and had made full admissions.

What was the result?

Our client was placed on a Community Corrections Order to perform 100 hours of unpaid community work. Importantly, this order was made without conviction.