Criminal Defence Case Studies
Burglary, Theft & Deception
Court: County Court of Victoria Melbourne
Charges: Burglary Crimes Act 1958 (Vic), Theft Crimes Act 1958 (Vic), Theft of a motor vehicle Crimes Act 1958 (Vic), Obtaining property by deception Crimes Act 1958 (Vic), Unlawful assault Crimes Act 1958 (Vic), Handling stolen goods Crimes Act 1958 (Vic), Committing an indictable offence whilst on bail Bail Act 1977 (Vic), Driving whilst disqualified Road Safety Act 1986 (Vic), Driving a motor vehicle when directed to stop Road Safety Act 1986 (Vic), Contravening a conduct condition of bail Bail Act 1977 (Vic), Entering a private property without authority Summary Offences Act 1966 (Vic), Failing to comply with a direction to provide PIN Crimes Act 1958 (Vic)
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Case Overview
This case study involves a 33-year-old man facing multiple dishonesty, driving, and assault charges, including burglary, theft, obtaining property by deception, and handling stolen goods. The offending spanned 12 months and involved a high-value domestic burglary, a deceptive lease transaction, vehicle thefts, and an assault. Despite the seriousness of the allegations and an extensive criminal history, we reduced his sentence to 2 years and 10 months' imprisonment with a non-parole period of 1 year and 10 months which is significantly lower than the 4 years and 3 months the Court indicated without the early plea.
Given her criminal history and the fact that some offences were committed while on bail, she faced a realistic risk of imprisonment. Our focus was to secure a non-custodial outcome so she could address her underlying issues in the community.
Case Background
Between November 2021 and November 2022, our client engaged in:
Other Offending which included handling stolen plates, breaching bail, and refusing to provide a phone PIN.
Deception where he obtained $1,825 from a prospective tenant in a lease transfer arrangement without forwarding it to the landlord.
Assault with another offender, assaulted the same complainant months later.
Burglary & Theft where he forced entry to a Point Cook home, stealing over $134,000 in jewellery, designer clothing, and tools.
Motor Vehicle Theft & Police Evasion where he stole a crashed motorbike while disqualified from driving and on bail, riding on a footpath without a helmet and entering private property to evade police.
Other Offending which included handling stolen plates, breaching bail, and refusing to provide a phone PIN.
Our client had a long history of dishonesty and driving offences, including prior armed robbery.
Our Defence Strategy
Our Lawyers::
Entered an early guilty plea at the committal stage to secure the largest possible sentencing discount.
Highlighted the opportunistic nature of some offending compared to more serious indictable charges.
Tendered evidence of employment history, rehabilitation disruptions during COVID-19, and family support.
Emphasised rehabilitation potential despite prior convictions.
Successfully sought a COVID-19 amelioration to account for harsher prison conditions and limited program access
Outcome
The County Court sentenced our client to:
- 2 years and 10 months' imprisonment
- 1 year and 10 months' non-parole period
Licence disqualification:
- 12 months for theft of a motor vehicle
- Additional concurrent cancellations for other driving offences
This represented a substantial reduction from the sentence initially indicated by the Court.
Why This Case Matters
This case shows that even with serious burglary and dishonesty charges as well a substantial prior criminal record, a strategic plea and strong mitigation submissions can lead to significant sentence reductions.
Early engagement of a theft lawyer in Melbourne is critical to ensuring every possible legal and personal factor is put before the court.
Frequently Asked Questions – Burglary, Theft & Deception in Victoria
What is burglary in Victoria?
Entering a building without permission intending to commit theft or another indictable offence.
What are the penalties for theft and deception?
Theft and obtaining property by deception can carry up to 10 years’ imprisonment.
Can you defend burglary charges?
Yes, possible defences include lack of intent, consent to enter, or mistaken identity.
Do I need a lawyer if I'm pleading guilty?
Yes, an experienced criminal lawyer can reduce your sentence by presenting your case in the strongest way.
Yes, particularly where the offending is linked to personal vulnerabilities, rehabilitation prospects are strong, and the defence presents a compelling case for community-based sentencing.
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.