Obtaining Property by Deception & Attempt to Dishonestly Obtain Property – CBO

The client had been employed at an educational institution. She was responsible for enrolling students into courses, and also responsible for arranging refunds if the student pulled out or if the course was cancelled. Between late 2007 and early 2011, she was creating fake students, enrolled them into classes, and then would provide her own credit card number for the refund.

Over that period, she obtained over $36,000 in refunds. She was ultimately detected and made full admissions.

Theft from employer is a class of offence that is viewed particularly seriously by the Courts, as it involves a breach of trust. This offending was over a prolonged period of time, and involved significant sums of money.

Kristina Kothrakis represented our client at the Melbourne Magistrates’ Court for the charge of Obtain property by deception.

We obtained extensive materials which demonstrated firstly that she was going through difficult personal circumstances over the charge period, and that she had taken steps to make changes.

She had made attempts to repay some of the money obtained. She had written a letter of apology to her former employer. We could rely on her lack of prior convictions, and her plea of guilty in her favour.

We were able to persuade the Magistrate that she was genuinely remorseful. The Magistrate was persuaded that a term of imprisonment was not warranted in this instance.

The client was convicted and placed on a Community Based Order (CBO) for a period of 15 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