Trespass with Intent to Steal, Theft

The accused was a 27 year old man with a number of prior Court appearances for deception and drug-related offences. He was charged with trespassing with intent to steal and theft of a laptop computer from a bungalow at the rear of a property in Footscray. There was a latent fingerprint left at the property, on the window sill. The laptop was never recovered.

The accused pleaded not guilty, stating that he had attended the property prior to the date of the offence as his partner’s brother was residing there at the time, which explained why his fingerprint was found at the property. The accused’s instructions were corroborated by his partner and his partner’s brother.

We represented the client at the Melbourne Magistrates’ Court. The matter was listed for a contested hearing.

Following negotiations with the police they withdrew the charges against the accused on the basis that they would not be able to establish beyond a reasonable doubt when the fingerprint was left in the face of the evidence of the accused’s partner and partner’s brother.

 


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