Sentence Appeal for Burglary and Theft

This is a case study on a successful sentence appeal for Burglary and Theft charges.
Our client had been charged with a number of offences including Burglary and Theft. He had pleaded guilty at an early stage and, despite being relatively young, had also spent some time in custody. He had a very limited criminal record.

In the Magistrates’ Court, the client was sentenced to a term of imprisonment plus a Community Correction Order with unpaid community work hours. The overall sentence did not reflect the offending or the offender’s personal circumstances and so it was appealed to the County Court.

In the County Court, the appeal against sentence was granted and the young man was sentenced to a Community Correction Order only.
Hester Kelly represented the client at the Melbourne County Court for the appeal. The charges were:

  • Burglary/Tresspass
  • Unauthorised Use of Freeway
  • Theft of Motor Vehicle
  • Theft
A brief chronology and outline of defence submissions were provided to the prosecution and the court prior to the sentence appeal for Burglary and Theft. This enabled the judge to get an understanding of the issue in the sentence prior to the matter being called in court.

In court, the offender’s personal circumstances were further ventilated, allowing the judge to gain a deeper understanding of the circumstances surrounding the offending.
The result saw the young man avoid any further time in custody. The sentence more accurately reflected the offending itself, the circumstances of the offending, and took into account the personal circumstances of the offender. It also reflected that it often is in the community’s interest for young people to be rehabilitated in the community as opposed to being incarcerated.
Elements of Burglary:

  • The accused entered or remained in the building; and
  • The accused was a trespasser; and
  • The accused intended on committing an offence.

Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

View Hester Kelly’s profile.

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 07/10/2019