Centrelink Fraud - Obtain Money by Deception - no conviction - police charges - Commonwealth DPP - Downing Centre Local Court - criminal law specialists

Published 24 Oct 2011

Case Study

Criminal Lawyers Sydney and Parramatta Offices  

Larceny – attempted stealing - plea of guilty - Severity Appeal - penalty 

Nyman Gibson Stewart

Criminal Lawyers 

Parramatta District Court

Represented by Jasmina Ceic, solicitor 

Facts: Client was prosecuted for attempting to steal a trailer. He was found cutting the chain to the trailer with bolt cutters and hydraulic equipment. Once detained client tried to escape. Client was a 45 year old, who suffered from bi-polar disorder and was taking medication for his condition. Client had no criminal record. The Magistrate found the offence objectively serious and convicted the client and placed him on a Bond to be of good behaviour for 12 months. Client was fined $1,000. An appeal was lodged to the District Court.     

Result: District Court Judge dismissed the matter under Section 10 of the Crimes (Sentencing Procedure) Act on the basis that the Client was a person of good character and based on his mental condition. The Client was ordered to enter a good behaviour bond for 12 months. No criminal conviction was imposed.