The Court: Moorabbin Magistrates Court
The Lawyer: Tom Woodward
The Charges:
The Allegations:
The client was a 40-year-old single father employed full-time as a warehouse supervisor. The client experienced a significant personal crisis when his long-term relationship broke down. His former partner relocated interstate, leaving the client to care for their 8-year-old son on a full-time basis. Due to the sudden shift in financial responsibility, the loss of dual income and a lack of external support, the client quickly fell into economic hardship.
The client stole items from the warehouse where he worked and then sold these items on eBay. The total value of the stolen items was later calculated to be $24,000.
The client was subsequently charged with 52 charges of Obtain Property by Deception and Theft.
At Court:
The client had no prior history and had never been in court before. Our solicitor opposed the figure put forward by the police as the total value of the stolen items. Police had used the recommended retail price rather than the cost price. In addition, our solicitor successfully negotiated with the prosecution during case conferencing to reduce the charges to only two charges.
The matter proceeded by way of a guilty plea to two charges. Initially, the Magistrate was inclined to sentence the client to an immediate term of imprisonment. Several documents, including medical records and powerful character references, were tendered to the court, which persuaded the Magistrate not to impose an immediate term of imprisonment.
The Outcome:
Following lengthy submissions by our solicitor, the client received an 8-month gaol sentence wholly suspended for a period of 24 months. The court did not order that the client pay restitution because the amount was in dispute. It was a very close call, but the client escaped prison time.
