Theft (129 Charges) – Wholly Suspended Sentence

Our client is a middle-aged woman who was manager of an aged care facility for a period of 2 years. During this period, there was an amount of $63,000 received as payment for accommodation of residents which was not banked by the manager (our client) or the 2IC.

It was alleged that our client kept the funds in a drawer and would take the money from the facility at the end of every shift. Police provided us with a copy of the facility’s bank statements, the receipts signed for the amounts received but not banked, and our client’s credit card statements.

Our client was at risk of immediate imprisonment due to the amount of the deception and the breach of trust in the employer/employee relationship she found herself in at the time of the offending. She was charged with “Theft and Dee Giannopoulos represented our client at the Broadmeadows Magistrates’ Court.

Our client was convicted but was given a wholly suspended sentence.

Due to the lack of evidence provided by the Prosecution, it was negotiated that a sentencing indication would be requested from the Magistrate in relation to the charges where our client’s signature was attached to the receipt in question. As such, the sentence indication was to the value of $23,000.

Plea in mitigation put on our client’s behalf included the delay in the charges being brought to Court. The client was made aware by the facility of the missing funds and the investigation in 2009 yet the Police did not lay charges until 2013 with Court proceeding in 2014. Our client’s mental health declined as a result of this matter being prolonged for further investigation by the Police.

Our client is now employed in the same industry in a higher position and her current employer is aware of all charges before the Court and maintains she will continue to have her position upon her entering a plea to the charges.

 


Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

Visit Dee’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