Shoptheft, State False Name, and Breaching Offences – CCO

This is a case study on breaching offences and shoptheft resulting in a Community Corrections Order.

What is alleged to have occured?
Our client was involved in a number of offences over a protracted period. The offences were primarily shop thefts and offences of dishonesty. She was committing these offences to fund her heroin addiction. The offending occurred over a total period of approximately 12 months. This offending breached a Community Corrections Order and a one-month suspended sentence.

Pleas were initially entered in February of this year. The Magistrate accepted submissions that the sentence should be deferred to allow our client to participate in her own rehabilitation attempts. The sentence was initially deferred for 6 months and then was deferred for another period of three months. During the deferral period, our client had not participated as directed by the Magistrate in rehabilitation programs, however we had requested that she be given another opportunity.

She then failed to appear on the last occasion at Court and warrants were issued.

Recently she had been arrested on the outstanding warrants and for further offending, and was remanded in relation to this.

What happened at court?
We appeared on her behalf at the Sunshine Magistrates’ Court, negotiated the charges and entered pleas to the further offending on the day that she was brought into custody.

Overall, the offences she faced were

Submissions were made that due to the personal circumstances of our client, and that she had faced a number of difficulties during the deferral period, she should be assessed for another community corrections order to begin after a short period in custody. The maximum time that she could be sentenced in custody before beginning a CCO is three months.

Our client had already had a CCO which she breached. She had also had her cases effectively adjourned for 9 months to allow her the opportunity to engage in treatment and had not taken that opportunity. In addition, she had also continued to offend during the deferral period.

What was the result?
We were able to put before the Court submissions about the fact that this would be our client’s first time in custody, the impact of that time in custody on her mental health, that she has motivation to get clean and that despite her failed attempts at rehabilitation thus far, the court should not give up on her. Her rehabilitation would be better served by engaging in a CCO rather than a lengthier period of imprisonment and engagement in parole.
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