Theft – Breach of Trust

This is a case study on theft in breach of trust at the Sunshine Magistrates’ Court, where the client received a community corrections order after self-reporting to police and commencing psychological treatment.

Our client was a member of a local junior football and netball club as her son was a participating player. She became interested in assisting on the committee of management which was a volunteer position. She was voted in as treasurer.

What is alleged to have occured?

Over a period of nearly one year when the client was the treasurer, it was alleged that she stole over $30,000 of the club’s money. This was either done by not banking money received from fundraisers, or by drawing money out of the club bank account purporting that it was required for legitimate purposes. At the monthly committee meetings, the client allegedly produced altered financial documentation to conceal the thefts.

When an offending, including theft, involves a breach of trust, the courts view the conduct with increased seriousness. In this case, the club placed trust in the client to not misappropriate the funds she was given the responsibility of managing.

Kristina Kothrakis represented the client at the Sunshine Magistrates’ Court on the charge of Theft.

What happened at court?

The client gave a detailed interview with the police. She disclosed a serious gambling addiction and admitted to having used the money taken to fuel her addiction. She was otherwise a lady who was nearly 50, had no prior convictions, and a solid work history.

The client had experienced a number of hardships in her life, including a serious workplace injury and needing to raise a child on her own – which led to financial difficulties. She explained that the gambling was a form of escape from her worries. While gambling does not get treated by the courts as a mitigating factor, it was able to be used in the plea as a means of placing the offending into context.

To the client’s credit, she was the one who made the initial contact with the police to disclose her offending. She was so guilt-ridden that she recognised the need to do something to put a stop to her offending. She had also sought treatment for her issues from a psychologist.>.
Ultimately, the magistrate was persuaded to give the client the opportunity of a corrections order.

Given the circumstances, a Community Corrections Order is an excellent result for a charge of Theft involving breach of trust. It means that the client will not have to face a sentence that involves any prison term.

What was the result?

We appeared for the client at the Sunshine Magistrates’ Court on a plea of guilty to theft. The magistrate was presented with submissions addressing the client’s personal circumstances, including her clear record, her disclosure of a gambling addiction as the context for the offending, the fact that she had self-reported to police, and the psychological treatment she had already commenced.

The magistrate was persuaded to impose a Community Corrections Order rather than a term of imprisonment. This was a significant outcome for a charge of theft involving breach of trust – an aggravating feature the courts treat seriously – and reflects the weight given to the client’s early steps toward rehabilitation and her cooperation with authorities from the outset.