In this case study we provide a summary of a recent case heard at Broadmeadows Magistrates Court.
Offences
(1) Obtain property by deception; and
(2) Make a false document.
Summary of Facts
Our client had obtained almost $50,000.00 by deception from her previous employer. The allegation levelled against our client was that she had altered invoices to include her banking details.
It was alleged the offending had occurred over several years. After her police interview our client was charged with two indictable offences: Obtain property by deception and Make false document.
Penalties
The maximum penalty for Obtain property by deception under section 81 of the Crimes Act 1958 (Vic) is 10 years imprisonment.
The maximum penalty for Make false document under section 83A of the Crimes Act 1958 (Vic) is also 10 years imprisonment.
What Happened at Court?
Our client instructed our office to finalise the matter by way of a plea of guilty to both stand-alone charges, meaning there are no alternatives to be withdrawn. Submissions were made as to our client’s personal circumstances and factors that contributed to the offending.
Her early plea of guilty and that she had not previously offended were also factors that were highlighted in our submissions.
Court Outcome
We submitted to the presiding Magistrate that all sentencing considerations could be addressed through the imposition of a Community Corrections Order (CCO). The presiding Magistrate agreed and had our client assessed for suitability.
A favourable report was obtained by Community Corrections, and ultimately the Magistrate ordered that our client complete a 12-month CCO with conditions to complete unpaid community work and attend programs to reduce offending.
Further orders were made by the Magistrate for our client to pay restitution.
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