Theft – Successful Appeal in the County Court

The client had been charged with shop theft. This breached a 3 month suspended sentence he had been placed on in relation to the same type of offending.

Following the plea conducted in the Magistrates’ Court, the Magistrate restored the suspended gaol term in full, and imposed a one month term of imprisonment for the new offending. The Magistrate did not form the view that exceptional circumstances existed, which would have avoided the suspended sentence being served The total effective sentence was 3 months to serve in custody.

This sentence was appealed. Kristina Kothrakis represented our client at the Melbourne County Court for the appeal.

The Appeal was successful as we were able to persuade the Judge that exceptional circumstances did exist.

Primarily, the client had made substantial efforts to rehabilitate his life. He has an extensive criminal history, spanning over approximately 15 years. He is now in his mid-30’s, and has managed to cease drug use, maintain relationships with support workers, with whom he works closely to try and maintain appropriate accommodation and employment. He has diagnosed psychological conditions which contributed to his offending.

We tendered a number of reports from psychologists, doctors and social workers to support the submissions being made. Despite his lengthy history, the Judge was persuaded to give him a chance to continue with his rehabilitation.

 


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.

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