Withdrawing Stalking Charges

This is a case that involves successfully withdrawing Stalking charges.

What is alleged to have occured?
Our client ran a 7 Eleven franchise. He was concerned that staff were stealing from him and set up a camera in the bathroom. This resulted in a footage of 2 female staff members using the toilet. This footage was found on his computer two years later and he was reported to the police. The 7 Eleven head office was also notified.

What happened at court?
The client was charged with Stalking and we acted on his behalf at the Dandenong Magistrates’ Court.

We successfully forwarded a legal case for withdrawal to the police prosecutors by convincing them that the case is not of Stalking as it was deliberately covert. There was arguably no course of conduct.

Given the potential for this to be perceived as a sexual offence of sorts, there was a real risk that the client could receive a severe sentence. However we were able to persuade the Magistrate of the reason for committing the offence – the client being concerned that the staff were stealing.

We also explained to the Magistrate the extra curial punishment the client would face, including the likelihood of losing the two 7 Eleven businesses he had built up over years of hard work with his wife.

What was the result?
Ultimately, we were successful in withdrawing the Stalking charges and the client was sentenced to a fine without conviction for other offences.
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 04/12/2017