Theft, Prohibited Weapon, Obtain Property By Deception – CCO
Our client was charged with recklessly causing injury, being drunk in a public place, and theft. There were additional charges of possessing both a controlled and prohibited weapon, but these were withdrawn following our negotiations with the prosecution.
The injury offence occurred in a public park in front of witnesses. Our client was intoxicated, approached a member of the public whom he had never met, insulted the person verbally, and then hit the person.
On a separate brief, our client was also charged with theft of a slab of beer.
Ultimately, the charges he faced were:
Our client has a considerable criminal record. He was 21 years of age and was an alcoholic. Only weeks before this offending, he had been released from custody having served several months for very similar offending.
We represented the client at the Melbourne Magistrates’ Court.
Following a plea in mitigation, our client was convicted and placed on a Community Corrections Order with the conditions that he complete unpaid community work and attend for mental health and substance abuse treatment and rehabilitation.
When we first met with the client, we discussed the possible sentencing options and the fact that another term of imprisonment was the most likely outcome. We advised our client that the only way he could avoid a prison sentence was if he would engage in some meaningful rehabilitation prior to the court date. We arranged for him to attend for regular drug and alcohol counselling, which he did over a period of months.
We were able to obtain positive reference material from the treatment provider as to our client’s positive progress. We also relied on a psychological report which identified the key issues faced by our client and which advised that ongoing psychological treatment and drug and alcohol counselling were important. With our advice and guidance, our client made every effort to turn his life around and this was reflected in the written materials provided to the Court. The Court was advised that our client was no longer drinking and had plans to return to study and commence employment.
The Magistrate was ultimately persuaded that a further term of imprisonment was not warranted. The Magistrate took the view that a Community Corrections Order was sufficient in all the circumstances in terms of a penalty. The benefit of receiving the Order is that it provides for continuing psychological and substance abuse treatment. It was made clear that but for the positive work our client had done, and the materials tendered on his behalf, a gaol term would likely have been 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