Withdrawing Burglary Charge and Other Offences

This is a case study on withdrawing a Burglary charge and other offences.

What is alleged to have occured?
Our client was charged with Burglary, Theft, Handle Stolen Goods, Go Equipped to Steal, and Possess Drug of Dependence. It was alleged that he had entered a site in rural Victoria without permission and stole items from the lawful owner. He was arrested nearby when the police attended.

What happened at court?
We acted on the client’s behalf at the Seymour Magistrates’ Court. The charges were:

Prior to court, the prosecution agreed to withdraw all substantive charges with the exception of the two Possess Drug of Dependence charges (small quantity). A revised summary was drafted and the matter proceeded as a plea of guilty.

What was the result?
Our client was ultimately sentenced to a financial penalty of $650. This outcome was achieved through analysis of the materials and communicating with the prosecution and informant to outline the deficiencies in the evidence against the client. The police prosecution ultimately accepted that these issues were fatal to the primary charges on the brief and so withdrew them.

This was an excellent outcome. Withdrawing the burglary charge was significant in the handling of the case especially given the prior history of the client. Had he faced the Burglary charge, gaol was a very real risk.

Elements of Burglary:
  • The accused entered into a building or part of a building
  • The accused did so as a trespasser
  • At the time of entry, the accused intended to steal something from the building or part of the building; or intended to commit an offence punishable by imprisonment for a term of five years or more involving either an assault to a person in the building or part of the building, or damage to the building or to property in the building or part of the building
Related case studies
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 03/08/2018