The Court: Melbourne Magistrates Court
The Lawyer: Mike Brown
The Charges:
The Allegations:
The client had worked for the local timber yard as a sales assistant for just over three years. Her duties included processing customer payments and issuing receipts. Oftentimes, customers would pay cash for goods. The client engaged in a scheme where she would pocket the cash payments from customers and failed to enter those transactions in the till.
An internal audit by the company’s accountant revealed discrepancies in the inventory levels and declared sales. CCTV footage was reviewed, which captured the client pocketing cash. She was subsequently investigated and charged.
At Court:
When the client was charged, it was initially alleged that she had stolen approximately $140,000. However, once the Office of Public Prosecution (OPP) served the hand-up brief, it became apparent that there was only evidence to prove misappropriation of $90,000 cash.
Our solicitor engaged in plea negotiations and made an offer to the OPP, proposing a guilty plea based on the amount of $90,000 being taken from the employer. This offer was accepted. The prosecution would proceed on the $90,000 theft amount.
Our solicitor subsequently applied for a Summary Jurisdiction Application 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 despite the seriousness of the offence.
The Outcome:
Following a lengthy plea, a Community Correction Order was imposed for a nine-month duration.
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 her employer over such an extended period of time, it was a fantastic outcome.
