Charge
Theft from Employer
Facts
The client had worked for the local timber yard for three years. Some customers would pay cash for goods. The client would pocket the cash and not enter the transaction in the till. Initially it was alleged that the client had stolen over $140,000 from the employer.
Results
Once the prosecution provided our office with the hand-up brief (evidence in an indictable matter) it became clear that they could only prove $90,000 of the alleged $140,000. So we made an offer to the OPP (Office of Public Prosecutions) to plead guilty on the basis of only $90,000 being taken from the employer. This offer was accepted.
We also applied to have the matter heard in the summary jurisdiction (Magistrates’ Court), where cases are easier to appeal, rather than the County Court as originally listed. The OPP did not oppose our application. The Magistrate granted our application, and, following a lengthy plea, imposed an Intensive Corrections Order of nine months duration, (no longer available as a sentencing disposition in Victoria).
Contributing factors to this outstanding result were the client’s lack of prior criminal convictions and very serious mental health issues. Given that the offence involved a breach of trust whereby the client had stolen money from his employer over such an extended period of time, it was a fantastic outcome.
