The Court: Ringwood Magistrates Court
The Lawyer: Ashleigh Wallace
The Charges:
The Allegations:
The client was at a shopping centre when she found a lost purse on the floor. She picked up the purse and found a credit card inside, which she used to make several ‘pay pass’ purchases for herself, including groceries and clothing items. Following the purchases, the client dropped the purse off at the lost property department. The total value of the purchases was approximately $900. The client was middle-aged and had never been to court before.
The victim had noticed her purse was missing and reported it to the police, who conducted an investigation, including reviewing CCTV footage from the shopping centre where the incident occurred. The CCTV footage showed the client picking up a purse and using the card for multiple transactions.
At Court:
When questioned by the police, the client made full admissions and was cooperative during the investigation. She also surrendered the items that she had purchased with the card. When questioned by our solicitor, the client was unable to offer any explanation for the offence. After listening to the recorded interview and reviewing the police brief with the client, our solicitor contacted the prosecutor and discussed the possibility of Diversion.
The Diversion program in Victoria is offered by the Magistrates’ Court exclusively for first-time offenders. It allows the offender to avoid a criminal record if they complete a Diversion Plan (the conditions of which are set by a Magistrate). For an offender to receive diversion, three conditions must be met: diversion must be recommended by the informant or a prosecutor, approved by the Diversion Coordinator at the court, and formally ordered by the Magistrate.
After some discussions, the prosecutor agreed to recommend diversion for the client, provided she donate a sum of money to charity. They subsequently filed a diversion notice, and the matter proceeded to a diversion hearing at court on the same day.
The Outcome:
Following lengthy submissions from our solicitor at court, the Magistrate granted the client a diversion. As long as the Diversion Plan is complied with, all charges will be dismissed and the client will escape a criminal record.
