Criminal Defence Case Studies
Theft, Burglary & Failing to Render Assistance
Court: County Court of Victoria Melbourne
Charges: Theft of a motor vehicle Crimes Act 1958 (Vic), Burglary Crimes Act 1958 (Vic), Criminal Damage (x2) Crimes Act 1958 (Vic), Failing to render assistance after a motor car accident Road Safety Act 1986 (Vic)
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Case Overview
This case involves a 53-year-old man charged with theft of a motor vehicle, burglary, criminal damage, and failing to render assistance following a serious accident that left a passenger permanently injured. Despite being convicted after trial, we made targeted submissions to limit his sentence and successfully challenged aspects of the prosecution's case.
Case Background
In the early hours of 23 March 2020, our client and a co-offender travelled in a stolen white Hyundai i30 to the Wandong IGA. CCTV footage captured the pair forcing entry to the store using a jemmy bar and a power tool to cut through the lock.
A smoke security system activated, forcing them to flee without stealing any items. While driving away, the vehicle crashed into scrubland on Broadford–Wandong Road.
The co-offender, trapped in the passenger seat, suffered serious spinal injuries and was later rendered paraplegic. Instead of calling emergency services, our client left the scene on foot and was found by police several kilometres away.
Forensic evidence linked our client's DNA to blood on the driver's airbag, while the co-offender's DNA matched a hat left at the burglary scene. Messages before the incident tied the stolen vehicle to our client's residence.
Our Defence Approach
Our Lawyers:
Represented the client through a contested jury trial, challenging the prosecution's identification and forensic evidence.
Cross-examined witnesses on the accuracy of CCTV footage and the reliability of the forensic timeline.
Tendered psychological evidence of mental health diagnoses, including Borderline Personality Disorder, Major Depressive Disorder, and Generalised Anxiety Disorder.
Submitted that the burglary and theft offences were at the lower end of seriousness and that the stolen vehicle was obtained by another person.
Argued that sentencing should be reduced due to prosecution delays and our client's limited criminal history.
Outcome
The County Court imposed a total effective sentence of 4 years and 6 months' imprisonment with a non-parole period of 3 years.
Sentence breakdown:
- Failing to render assistance: 3 years 9 months (base sentence)
- Theft of motor vehicle: 6 months (part cumulative)
- Burglary: 12 months (part cumulative)
- Criminal damage: 1 month on each count (part cumulative)
Additional orders:
- 4 year driver licence disqualification
- Confiscation of seized items
- Declaration of 83 days' pre-sentence detention
Why This Case Matters
The courts' view failing to render assistance, especially in rural or isolated locations, as a serious criminal offence that warrants strong deterrent sentences. When combined with theft and burglary charges, the risk of lengthy imprisonment is high.
This case highlights the importance of having experienced criminal defence lawyers to challenge evidence, present mitigation material, and limit sentencing outcomes even after a conviction.
Frequently Asked Questions – Theft, Burglary & Failing to Render Assistance in Victoria
What is the penalty for theft of a motor vehicle?
Up to 10 years’ imprisonment under the Crimes Act 1958 (Vic).
Can I go to prison for burglary if nothing was stolen?
Yes, burglary is complete upon entering a building with intent to steal, even if nothing is taken.
What does "failing to render assistance" mean?
It is an offence to fail to stop and assist anyone injured in a motor vehicle accident. It carries a maximum penalty of 10 years’ imprisonment.
Can prior convictions affect my sentence?
Yes, but the court will also consider mental health, rehabilitation efforts, delay, and personal circumstances.
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.