Criminal Defence Case Studies
Robbery, Deception & Driving Offences
Court: Melbourne Magistrates' Court
Charges: Obtain Property by Deception × 4, Attempt to Obtain Property by Deception × 19, Theft, Careless Driving, Unlicensed Driving, Drive Whilst Exceeding Prescribed Concentration of Drugs, Fail to Answer Bail, Robbery, Contravention of Community Corrections Order
Charges: Obtain Property by Deception × 4, Attempt to Obtain Property by Deception × 19, Theft, Careless Driving, Unlicensed Driving, Drive Whilst Exceeding Prescribed Concentration of Drugs, Fail to Answer Bail, Robbery, Contravention of Community Corrections Order
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Case Overview – Robbery & Deception Melbourne
This case study involves a 33-year-old man facing multiple serious criminal charges, including armed robbery, deception offences, theft, and driving while disqualified. The most serious allegation involved an armed robbery at gunpoint, where a substantial amount of cash was taken from a retail store.
Given his extensive criminal history and the fact he was already on a Community Corrections Order (CCO) at the time, imprisonment was inevitable. Our role was to minimise total custody and ensure all matters were resolved in a single sentencing process.
Case Background
Our client's history included:
Developmental trauma and PTSD
Diagnosis of ADHD
Lived with bipolar disorder
Multiple prior court appearances and periods of imprisonment
Subject to a 5-year SOPO with strict behavioural and reporting requirements
The charges arose from a series of incidents:
An armed robbery where the victim was threatened with a firearm
Multiple deception and attempted deception offences
Theft from retail premises
Driving offences, including careless driving, unlicensed driving, and driving with drugs in his system
Failing to answer bail and breaching the terms of a CCO
Our Legal Strategy – Limiting Jail Time
Our experienced criminal defence team in Melbourne:
Consolidated all charges from different matters so sentencing could occur in one hearing, avoiding cumulative sentences from multiple courts
Presented extensive background evidence on the impact of trauma, substance dependency, and mental health issues
Argued for the shortest possible non-parole period to support rehabilitation
Highlighted time already served in custody prior to sentence, seeking to ensure minimal further imprisonment
Outcome – Reduced Non-Parole Period
The Melbourne Magistrates' Court sentenced our client to:
- 12 months imprisonment
-6 month non-parole period
- Licence cancellation and 12-month disqualification
- A fine in addition to the custodial sentence
By managing the case strategically, we avoided cumulative terms from multiple matters and limited overall time in custody.
Why This Case Matters
Armed robbery and deception offences are high-stakes criminal charges in Victoria, often resulting in lengthy jail sentences, especially for clients with extensive criminal histories.
This case shows the critical importance of strategic case management as consolidating matters, presenting strong mitigation, and ensuring sentencing is conducted as one process can dramatically reduce total custody time.
Frequently Asked Questions
What is armed robbery in Victoria?
Armed robbery is theft committed with a weapon or threat of a weapon. It is a serious indictable offence that typically results in imprisonment.
What is obtain property by deception?
This offence occurs when someone dishonestly obtains property by deception. It can be charged as a summary or indictable offence depending on the value.
Yes. Even small amounts of methamphetamine are treated seriously in Victoria, but with the right drug lawyer in Melbourne, courts may impose diversion, fines, or community orders instead of prison.
Can multiple charges be consolidated into one sentencing?
Yes. Courts can consolidate charges from different matters into a single sentencing hearing to avoid cumulative sentences..
How does criminal history affect sentencing?
Extensive criminal history typically results in harsher sentences, but skilled advocacy can still achieve outcomes that minimise total custody.
How can Emma Turnbull Lawyers help?
We are specialist criminal defence lawyers in Melbourne with experience in complex multi-charge matters, often achieving consolidated sentences that reduce total 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.