The Court: Melbourne Children’s Court
The Lawyer: Kieran Burke
The Charges:
The Allegations:
The client was 15 years old and had been charged with Burglary, Theft, and Criminal Damage at a holiday house.
The allegations were that the client attempted to enter a holiday house to steal items and damaged the front door while trying to access the property.
Upon reviewing the brief of evidence, our solicitor believed the burglary and theft offences could not be made out, but the criminal damage charge had merit.
After discussing the matter with the client and his mother, they advised that the best outcome for them involved no criminal record, given the client’s age and his intention to pursue a career in teaching. It was likely that the client could beat the burglary charge but not the criminal damage charge.
At Court:
We discussed with the informant (the investigating police officer) the possibility of recommending the client for the Ropes program. The Ropes program pairs the young offender with a police member, usually the same officer who initially charged them, and requires them to work together to complete the program. Once the program is completed, the charges are discharged.
The informant supported the idea, so we appeared before the court and persuaded the Magistrate to allow the client an opportunity on Ropes.
Following attendance at court and being granted Ropes, the client was charged with further offences. Two other briefs involving multiple other charges were listed in court. Our solicitor brought all matters before the same Magistrate before the client completed the initial Ropes program. Our solicitor submitted to the Magistrate, requesting that all three matters be dealt with through Ropes, given the client’s remorse, age, and lack of criminal history.
The Outcome:
Following lengthy submissions by our solicitor, the Magistrate agreed to deal with all three matters through the Ropes program.
This was a fantastic outcome for the client, as it is rare for Magistrates to grant Ropes when several serious matters are before the court. More importantly, the client was able to preserve his clean record.
