Theft – Diversion Application
Our client had been out in a city bar drinking with a girl he had started dating. They had consumed a considerable amount of alcohol and he had become intoxicated. During the course of the evening, they had an argument which put put our client in a bad frame of mind. The establishment had shisha pipes available to use. He picked up a shisha pipe, tried to conceal it under his jacket, and tried to leave with it. Unfortunately, the water bowl on the bottom fell off while he was walking and this drew attention to him. He was detained by security until the police arrived. He was interviewed, charged with Theft, but he denied the allegations.
Kristina Kothrakis acted on his behalf at the Melbourne Magistrates’ Court.
When Kristina first looked at the matter, she formed the view that it was a case appropriate for diversion. The client was nearly 30 years of age and had no prior convictions. He was clearly intoxicated at the time of the offending and the conduct was spontaneous. In Kristina’s opinion, the client’s conduct was also doomed for failure due to the high risk of detection given the size of the item he was attempting to conceal. He was still intoxicated at the time of interview and did not have any legal advice prior to. He is otherwise a person in full time employment who had strong family support.
Kristina wrote to the informant and requested for diversion. The informant took a dim view of the client on the night, and on that basis, it was not surprising that the informant refused the request for diversion. Kristina then attended at court on the day of the hearing and raised the issue with the prosecution, and renewed the request for diversion. This request was ultimately granted.
We obtained excellent character references and thoroughly completed the Diversion Information Sheet which was submitted for the magistrates’ review. In the end, we succeeded in having our client placed on a Diversion Plan. This was a great outcome for a case involving theft and diversion application.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’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 16/12/2016