This is a case study involving charges of Theft, Assault, and Breach CCO.
What is alleged to have occured?
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.
What happened at court?
We 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, we 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.
We also contacted Corrections and they agreed not to charge the client with Breach Community Corrections Order if he only received a fine. Further submissions were made to the court that a fine was an appropriate disposition and his Honour consequently imposed a fine.
What was the result?
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:
What is alleged to have occured?
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.
What happened at court?
We 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, we 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.
We also contacted Corrections and they agreed not to charge the client with Breach Community Corrections Order if he only received a fine. Further submissions were made to the court that a fine was an appropriate disposition and his Honour consequently imposed a fine.
What was the result?
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.
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
