Our Cases » Aggravated break, enter and steal charge dropped and client avoids prison sentence

Aggravated break, enter and steal charge dropped and client avoids prison sentence

In February 2022, our client was charged with the following offences:

  • Aggravated break, enter and steal, contrary to section 112(2) of the Crimes Act 1900;
  • Dishonestly obtain financial advantage by deception (fraud), contrary to section 192E of the Crimes Act 1900 (4 counts); and
  • Deal with identity info to commit etc indictable offence, contrary to section 192J of the Crimes Act 1900.

In summary, it was alleged that our client and an unknown male broke into the victim’s house and stole various items valued at over $50,000.  It was alleged that a week later, our client transferred almost $300,000 from the victim’s account into account’s operated by him.

The alleged offending was serious and our client was facing a likely term of imprisonment.

Hanna Legal issued multiple subpoenas to the victim’s company and related businesses which demonstrated that the victim had defrauded our client’s family previously and that some of the money that our client misappropriated from the victim had been owed to our client’s family.  This put 

Our lawyers engaged in lengthy negotiations with the ODPP, which resulted in the aggravated break, enter and steal charge being withdrawn and replaced with a charge of receive stolen property to the value of $100.  In addition, all of the fraud charges were rolled into a single charge.  Crucially, the ODPP agreed for our client to be sentenced in the Local Court rather than in the District Court.

We also negotiated the statement of facts so as to explain the victim’s prior fraudulent conduct towards our client’s family.

Hanna Legal represented our client at his sentence proceedings at the Liverpool Local Court.  After reviewing all of the material, the Magistrate agreed to not impose a prison sentence but rather to place our client on a Community Correction Order for a period of 2 years.