The Court: Moorabbin Magistrates Court
The Lawyer: Tom Woodward
The Charges:
The Allegations:
The client, a 23-year-old University student, listed a high-end digital camera for sale on eBay for $5,000. The client uploaded images of the camera and interacted with bidders who had questions regarding its make and model.
Two separate purchasers, one residing in Victoria and the other from interstate, transferred the full asking price to the client, believing they were buying a legitimate item.
After receiving both payments, the client failed to send the camera to either purchaser. He ignored follow-up communications with the purchasers and eventually deleted the eBay listing. Both purchasers reported the matter to the police. The client was subsequently charged with two charges: Obtaining Property by Deception.
At Court:
The client participated in a recorded interview with the police and made full admissions to the offences. He cooperated with the police investigation and expressed his remorse for the crime.
The client told our solicitor that he was experiencing significant personal and financial stress at the time of the offence due to being unable to pay his university tuition fees, as he had recently lost his job. The client instructed our solicitor to enter guilty pleas to both charges, and the matter went before the court. The client had no prior criminal history and was prepared to repay the victims in the matter.
During the plea, supporting documents were tendered to the court, including a letter of apology written by the client to the victims, multiple character references speaking to the client’s overall good character, and documents evidencing the client’s recently lost employment.
The Outcome:
Our solicitor appeared before the Magistrate and made lengthy submissions. After hearing the plea to mitigate the sentence, the Magistrate ordered that the client be placed on a six-month Community Correction Order to undertake unpaid community work. The order was made without conviction. The Magistrate also ordered restitution for the client to repay the victims.
