Theft – No Conviction

The Client is a 19 year old who had been charged with a number of thefts over a 2 month period. He was an employee of a restaurant and during his shift, he would call a co-accused to attend at the counter, where the co-accused would make purchases, handing over small denominations, and then the client would hand back larger denominations in change. Over the course of two months he was alleged to have stolen around $17,500. This was later reduced to $6,500 after negotiations with the Prosecution prior to the Court hearing.

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

The client was a young man with significant financial pressures placed upon him by his parents who had recently been made redundant from their employment. He was very remorseful and made admissions to police as soon as he was questioned. In the period between his arrest and the Court hearing, he had worked to make up the money to provide full restitution to his former employers. Ultimately the Magistrate was satisfied that despite the fact the offending involved a breach of trust between the employer and himself, and was committed over an extended period of time, he was otherwise of good character and that he had demonstrated his remorse by offering restitution, he was placed on an undertaking to be of good behaviour for 18 months, with no further orders made. No conviction was imposed.


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