Theft – Community Based Order

The client was released from hospital after 3 months of treatment following a serious motor vehicle accident.

He had a long standing addiction to heroin but had remained drug free for over a year. Whist in hospital, he was treated with opiate drugs which triggered cravings for heroin.

The client was caught trying to shoplift 2 days after he was released from hospital. This breached a 3 month suspended sentence.

We represented the client at the Broadmeadows Magistrates’ Court for the charge of Theft.

Under usual circumstances the client would have been expected to serve 3 months in prison. We referred him to a psychologist who prepared an excellent report, confirming all the medical issues he had suffered, and diagnosing him with post-traumatic stress disorder (PTSD). The report formed the basis for the Magistrate finding exceptional circumstances.

The Magistrate placed the client on a Community Based Order to receive treatment for his PTSD, rather than sentencing him to serve a prison sentence.

 


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