Criminal Defence Case Studies
Drug Lawyers Melbourne - Cannabis Cultivation & Theft of Electricity
Court: Sunshine Magistrates' Court
Charges: Theft (Crimes Act 1958), Dangerous Driving Whilst Pursued by Police (Road Safety Act 1986), Theft of Motor Vehicle × 2 (Crimes Act 1958), Theft from Motor Vehicle × 3 (Crimes Act 1958), Criminal Damage (Crimes Act 1958), Possess Cannabis (Drugs, Poisons and Controlled Substances Act 1981), Handle/Receive Stolen Goods (Crimes Act 1958), Fail to Stop Vehicle on Police Direction (Road Safety Act 1986), Go Equipped to Steal (Crimes Act 1958), Burglary (Crimes Act 1958), Drive Whilst Suspended × 2 (Road Safety Act 1986)
Charges: Theft (Crimes Act 1958), Dangerous Driving Whilst Pursued by Police (Road Safety Act 1986), Theft of Motor Vehicle × 2 (Crimes Act 1958), Theft from Motor Vehicle × 3 (Crimes Act 1958), Criminal Damage (Crimes Act 1958), Possess Cannabis (Drugs, Poisons and Controlled Substances Act 1981), Handle/Receive Stolen Goods (Crimes Act 1958), Fail to Stop Vehicle on Police Direction (Road Safety Act 1986), Go Equipped to Steal (Crimes Act 1958), Burglary (Crimes Act 1958), Drive Whilst Suspended × 2 (Road Safety Act 1986)
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Case Overview
This case study involves a 52-year-old man facing a long list of serious criminal charges in the Sunshine Magistrates' Court, including police pursuit, burglary, motor vehicle theft, dangerous driving, and drug possession.
Our client had been held in custody for a substantial period awaiting resolution of the case. The primary objective was to secure his immediate release and prevent any further time in prison.
Case Background
Following the breakdown of his marriage, our client's life spiralled into drug and alcohol dependency, leading to a series of offences. Police alleged that he:
Stole a motor vehicle and replaced the number plates
Failed to stop when directed by police, leading to an extended high-speed pursuit
Drove dangerously, narrowly avoiding collisions with other vehicles and roadside objects
Committed multiple thefts from vehicles
Was involved in a burglary and in possession of stolen goods
Possessed cannabis at the time of arrest
Given the seriousness of the offences, combined with an extensive charge list, a prison sentence was highly likely.
Our Legal Strategy – Avoiding More Prison Time
As experienced criminal defence lawyers in Melbourne, our approach was to:
Consolidate all charges so they could be finalised in one hearing, avoiding the risk of consecutive sentences
Negotiate charge resolutions to remove duplication and ensure charges reflected the conduct accurately
Present detailed personal history evidence explaining the breakdown of his marriage, substance abuse issues, and steps towards rehabilitation
Argue for a combination sentence that considered time already served in custody, allowing for immediate release
Outcome – Immediate Release from Custody
The Sunshine Magistrates' Court:
- Convicted our client
- Imposed a short term of imprisonment and an 18-month Community Corrections Order
- Ordered that all pre-sentence detention count as time served
This meant his prison term was already satisfied, and he was released immediately after the hearing.
Why This Case Matters
Police pursuits, burglaries, and dangerous driving charges often result in lengthy imprisonment, especially when the accused has multiple charges and prior convictions. This case shows how targeted negotiations and strong advocacy can:
Reduce total time in custody
Avoid cumulative sentences
Secure immediate release even in serious, high-risk matters
Frequently Asked Questions – Police Pursuit & Burglary Charges in Victoria
What is the penalty for a police pursuit in Victoria?
Under the Road Safety Act 1986, dangerous driving whilst pursued by police carries up to 3 years imprisonment and mandatory licence disqualification.
Can multiple charges be dealt with in one court date?
Yes. Skilled lawyers can consolidate matters, so all charges are heard together, reducing the risk of longer cumulative sentences.
Will time in custody before my sentence be counted?
In most cases, pre-sentence detention is counted as time served towards your prison term but only if your lawyer raises it and the court orders it.
Can burglary charges be reduced or dropped?
Sometimes. If the evidence is weak or certain elements can’t be proven, lawyers can negotiate with prosecutors for charge withdrawals or reductions.
Is a Community Corrections Order possible for serious driving or burglary charges?
Yes. Even in serious matters, a court may impose a CCO instead of extra jail time, especially if the offender has already served significant custody.
DISCLAIMER
This is a real case study from an actual matter in our files. We always change details in our case studies to protect client confidentiality, but the charge and the outcome are exactly as they occurred in court. We publish these case studies to give a genuine insight into the types of results we achieve and the range of sentences that may be imposed. Every case is different, and we can't guarantee the same result in your matter. We choose to share some cases because they are representative of typical results, and others because they stand out for exceptional outcomes.