Theft and Obtain Property By Deception

This is a case study on theft and obtaining property by deception at the Melbourne Magistrates’ Court, where the client received an adjourned undertaking after demonstrating significant rehabilitation.

What is alleged to have occured?

Our client has many priors for petty offences, including theft and drug offences and a more serious matter involving theft from an employer. He has previous issues with gambling and became obsessed with going to Crown Casino every night and scrounging around for unclaimed winnings.

One night he took a ticket of unclaimed winnings that belonged to someone else. He was identified by the security and was charged with Theft and Obtaining Property By Deception.

What happened at court?

We represented the client at the Melbourne Magistrates’ Court.

Despite his priors, our client had found a place of stability in his life since the time of the offending. He has a new partner and they were having a child together. He was employed on a full time basis and he was participating in pro-social activities like coaching a footy team.

We also emphasised the fact that the client had come to the court with a cheque, expressing a willingness to make full restitution to the victim.

What was the result?

The Magistrate accepted that the client had changed his life for the better. He was sympathetic to the gambling problems which had contributed to the client’s offending. Ultimately, the court imposed a sentence of adjourned undertaking for the charges of Theft and Obtain Property By Deception.