Charges

Diversion For Theft – Numerous charges of Obtain Property by Deception at the Ringwood Magistrates Court.

Facts

The client was at a shopping centre when she found a lost purse. She found a credit card in the purse and used it to make a number of ‘pay pass’ purchases, before dropping off the purse at lost property. The total value of the purchases was approximately $900. The client was middle aged and had never been to court before.

Results

When the client was questioned by police she made full admission and was cooperative in their investigation. She also surrendered the items that she had purchased with the card. When questioned by our lawyer, the client was unable to offer any explanation for the offending. After listening to the Record of Interview and going through the police brief with the client, we contacted the Informant and discussed the possibility of Diversion.

The Diversion program is offered by the Magistrates’ Court for first time offenders only. It allows the offender to avoid a criminal record if they complete a Diversion Plan (the conditions of which are set by a Magistrate). In order for an offender to get Diversion, three things need to happen. Diversion needs to be recommended by the Informant, be approved by the Diversion Coordinator at Court and formally ordered by the Magistrate.

After some discussions, the Informant agreed to recommend Diversion for this client on the condition that she make a donation to charity. The client agreed and the matter proceeded. At court, the client was granted Diversion.

As long as the Diversion Plan is complied with, all charges will be dismissed and the client will escape a criminal record.