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Theft, Assault, Breach CCO

GavelThis is a case study involving charges of Theft, Assault, and Breach CCO.

Our client was charged with Theft and Assault offences which breached a Community Corrections Order (CCO). He also had a lengthy prior history relating to dishonesty offences. The client was happy to plead to the Theft but not to the Assault charge. At first mention, the prosecution refused to withdraw the assault.

Jessica Clothier represented the client at the Sunshine Magistrates’ Court.

The matter proceeded as a contest mention which resolved as a plea of guilty to one charge of Theft.

At contest mention, Jessica again case conferenced the matter with the prosecution and pointed out the inconsistencies in the statements and the unusual circumstances of the alleged assault. This resulted in the prosecution changing their mind and eventually withdrawing the Assault charge.

Jessica also contacted Corrections and they agreed not to charge the client with Breach Community Corrections Order if he only received a fine. Jessica further submitted to the court that a fine was an appropriate disposition and his Honour consequently imposed a fine.

In the end, the client received a small fine instead of a more serious penalty for the charges of Theft, Assault, and Breach CCO. This was a great result for our client which was achieved as a result of excellent case conferencing.

Elements of Theft:

  • The accused appropriated property belonging to another;
  • The accused did so with the intention of permanently depriving the other of the property; and
  • The accused acted dishonestly.

 
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Jessica ClothierJessica Clothier

Jessica works from our Sunshine office and regularly handles cases at the Sunshine Magistrates' Court. She also represents clients at other Melbourne courts to ensure their right to a fair trial and the best possible outcome. Jessica has always been a fearless advocate and her skills in criminal law are acknowledged as early as during her university years.

Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.

Click here to know more about Jessica's background.  


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 11/01/2019