Theft From Employer – CCO Without Conviction

Our client was charged with a series of deception matters following allegations that he stole money from his place of employment. He was employed as a receptionist and, as part of his role, was responsible for taking client payments.

At the time of the police interview, he made full admissions and gave an explanation for the thefts as being motivated by the need to fund a gambling addiction. He had no prior convictions. He was in a long term relationship and had two children. As a result of the offending being detected, his employment was immediately terminated. He had to find an alternative career path. He was extremely concerned about the impact that a possible criminal conviction could have on his employment prospects should he be convicted.

What is alleged to have occured?
Over an 11 month period, the client stole a total of nearly $15,000. The money was used to fund a gambling addiction. He was manipulating the accounting records in an effort to conceal the thefts. The offending was detected after a client was sent an invoice seeking payment for an attendance that had already been previously paid in cash. A full forensic examination was conducted which revealed the extent of the offending.

Kristina Kothrakis represented the client at the Heidelberg Magistrates’ Court for the charges of Theft and Obtaining Property By Deception.

What happened at court?
Submissions were made about the impressive progress he had made with his rehabilitation, which included attending counselling and his wife taking over the control of the family finances. References were obtained from family and friends which supported the submissions made, as well as a letter from the counsellor he attended. There had been no re-offending as of the time of appearing at court. The family was still in a poor financial position as a consequence of the significant debt he had got them into.

What was the result?
Theft in the context of employment is regarded by the courts as particularly serious given the breach of trust that is involved. Despite this, the magistrate was persuaded that it would be too great an impediment on his future prospects if a conviction was recorded.

The client instructed us to submit a plea of guilty and he received a Community Corrections Order without conviction.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

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.

View Kristina Kothrakis’ profile.
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 30/10/2015