June 24, 2013

Dishonesty and Property Offence Case Studies

graffitiReview real dishonesty and property offence case studies in which O’Brien Solicitors have acted. See the results we have achieved and what our clients have said about us.


Key Words: Enter dwelling house with intent to commit a serious indictable offence – Crimes Act 1900 (NSW) s 111Assault with intent to rob with infliction of corporal violence – Crimes Act 1900 (NSW) s 95 Identification photoboard – General discretion to exclude evidenceEvidence Act 1995 (NSW) s 135Exclusion of prejudicial evidence in criminal proceedings – Evidence Act 1995 (NSW) s 137

TXK v Police

Key Words: Larceny, Section 117 Crimes Act 1900 – alternative charge, receiving unlawfully obtained goods, Section 189 Crimes Act 1900 – convicted at Local Court – appeal to District Court – appeal upheld – conviction quashed


Key Words: Larceny – Section 117 Crimes Act 1900 – unauthorised entry of vehicle – Section 6A Summary Offences Act 1988 – breaking into house and committing serious indictable offence – Section 112 Crimes Act 1900 – inappropriate charges withdrawn – plea of guilty to remaining charges – submissions upon sentencing


Key Words: Possessing money reasonably suspected of being proceeds of crime – Section 400.9(1) Criminal Code (Cth) – plea of guilty – mitigating factors submitted upon sentencing – imprisonment back-dated to account for time served

Police v RNJ

Key Words: Dishonestly obtain property by deception (fraud), Section 192E Crimes Act 1900Section 32 Mental Health (Criminal Procedure) Act 1990 – plea of guilty – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999partial compensation order


Key Words: Accessory after the fact of firing a firearm in a public place – Section 350 Crimes Act 1900 – section 93G Crimes Act 1900 – attempted aggravated break and enter, Section 113 Crimes Act 1900 – sentence backdated to take account of time served 

Police v JYL

Key Words: Intentionally mark premises or property without prescribed consent, Section 4 Graffiti Control Act 2008 – plea of guilty – presence of several mitigating factors – non-conviction order, charges dismissed, Section 10 Crimes (Sentencing Procedure) Act 1999

Police v MRT

Key Words: Domestic-related incidents – attempt to stalk or intimidate, Section 13 Crimes (Domestic and Personal Violence) Act 2007 – common assault, Section 61 Crimes Act 1900 – intentionally/recklessly damage property, Section 195 Crimes Act 1900 – found not guilty

Police v DLO

Key Words: Common assault, Section 61 Crimes Act 1900 behave in offensive manner near public place, Section 4 Summary Offences Act 1988 – damage property by fire, Section 195 Crimes Act 1900destroy or damage property, Section 195 Crimes Act 1900contested hearing – fine – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999

Police v ASG

Key Words: Contested hearing – two charges of goods in personal custody suspected of being unlawful, Section 527C Crimes Act 1900 – possess housebreaking implements, Section 114 Crimes Act 1900 – possible unlawful search

TYK v Police:

Key Words: District Court appeal against conviction – convicted in Local Court after hearing of larceny – section 117 Crimes Act 1900 – appellant sentence to imprisonment – appeal successful conviction quashed – verdict of not guilty entered


Key Words: Getaway driver – aggravated break and enters – section 112 Crimes Act 1900  – school break-ins – receiving stolen property – section 188 Crimes Act 1900 plea of guilty

Police v HS

Key Words: Larceny – section 117 Crimes Act 1900 s 117 – stolen mobile phone – froyo kiosk

Police v AG

Key Words: Unlawful entry on inclosed lands, Inclosed Lands Protection Act 1901 s 4(1) – possession of unlawfully obtained goods, Crimes Act 1900 s 527C(1)(a) – assault police officer in execution of duty, Crimes Act 1900 s 60(1) – conviction with no other penalty, Crimes (Sentencing Procedure) Act 1999 s 10A – police pursuit through backyards – stolen watch – plea of guilty


Key Words: Aggravated break and enter with intent to commit serious indictable offence, section 113 Crimes Act 1900 (NSW)drunken neighbour – provoked by verbal abuse – good behaviour bond, section 9 Crimes (Sentencing Procedure) Act 1999

R v JJ

Key Words: Fraud – section 192E Crimes Act 1900 (NSW) – Obtained benefit by deception – Dealings proceeds of crime – Not guilty after trial by jury

Police v DB

Key Words: Goods in custody – section 527C Crimes Act 1900 (NSW) – plea of not guilty – charge dismissed


Key Words: Robbery with an offensive weapon – section 97 Crimes Act 1900 (NSW) – plea of guilty – suspended sentence imposed by District Courtsection 12 Crimes (Sentencing Procedure) Act 1999 (NSW).


Key Words: Robbery armed with offensive weaponsection 97 Crimes Act 1900 s 97 plea of guilty – sentenced 6 months non-parole by District Court

Police v MH 

Key Words: Larceny – section 117 Crimes Act 1900 (NSW) – receiving stolen property, furnish false statement – plea of guilty – no conviction bond – section 10 Crimes (Sentencing Procedure) Act 1999 (NSW).

Police v LM

Key Words: Break and enter with intent to commit a serious indictable offence, section 112 Crimes Act 1900 (NSW) – plea of not guilty – acquittal

Police v GP

Key Words: Dishonesty offence – Shoplifting – Supermarket – section 10 Crimes (Sentencing Procedure) Act


Key Words: Australian Federal Police – Trespass – Airport  security – dismissal – no conviction recorded, section 19B Crimes Act 1914 (Cth)

Police v DC

Key Words: Break and Enter – section 112 Crimes Act 1900 (NSW) – plea of not guilty – finding of not guilty

Police v JE

Key Words: section 10 Crimes (Sentencing Procedure) Act 1999, Good Behaviour Bond, Destroying or Damaging Property


Key Words: Larceny; section 10 Crimes (Sentencing Procedure) Act; Dismissal of Charges; No conviction recorded


Key Words: Shoplifting – Larceny – section 117 Crimes Act 1900 – Guilty Plea – Good Behaviour Bond, section 9 Crimes (Sentencing Procedure) Act 1999