Our client had been charged with a residential burglary. He was seen by a neighbour jumping the fence and attempting to gain entry to the home. The neighbour called the Police. Upon Police arrival, the client was found inside the house, with bags of items that he was preparing to steal. He was arrested and conveyed to the Police station where he made full admissions.
Kristina Kothrakis represented our client at the Melbourne Magistrates’ Court for the following charges:
- Trespass residential unit
- Going equipped to steal
- Use drug of dependence
- Enter private place without implied authority
The client received a highly unusual sentence. He is in his late 30’s, and has done countless jail terms in the past. Since his teen’s there has rarely been a year where he has not been to gaol for a length of time. His issues revolve around substance abuse, particularly, heroin. Gaol is normally meant to be a deterrent to people who commit offences. I made submissions to the Magistrate that something different is called for in this case. He always gets gaol and yet he continues to re-offend, partly because it is no longer a deterrent to him. He needs supports in the community so that, upon his release, he can reintegrate properly and negotiate the difficult triggers that normally lead to relapse and re-offending. He is more motivated now than ever as he is expecting a child with his partner. He is a qualified electrician who could offer a lot to the community if he can break the offending cycle. The Magistrate was persuaded by the submissions made.
Our client was sentenced to an aggregate term of imprisonment of 14 days (13 of which have already been served by way of pre-sentence detention). He was also placed in a Community Corrections Order for a period of 12 months with the following conditions: to perform 20 hours of unpaid community work over the first 3 months of the Order; to be supervised and undergo assessment and treatment for drug abuse and mental health issues; and to participate in programs to reduce the risk of re-offending.
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 25/02/2013