Backdated Sentence for Client charged with 3 x Break and Enter – SJ

Break and Enter charges

We represented SJ in his sentencing hearing after police laid charges of 3 break and enter offences and possessing a prohibited drug.

Criminal defence lawSJ and the co-accused approached a fire door of a property in a large unit complex. The co-accused used physical force on the door handle of the fire door. Once they gained access to the property, SJ and the co-accused entered the property via the fire door. A few minutes later, police arrived at the location and placed both under arrest.

Charges and negotiations with police

Police laid charges against SJ of 3 break and enter offences and possessing a prohibited drug. However, we negotiated with the police on SJ’s behalf to get the 2 break and enter and possess prohibited drug charges withdrawn. In return they got SJ pleading guilty to break and enter (aggravated) with intent to steal.

During the client’s sentencing hearing, the Magistrate dealt with the issue of parity. The Magistrate considered the defence’s submission that SJ should receive an equivalent sentence to the co-accused. That person had gotten a sentence of time in custody that the client had already served.

Subsequently, the Magistrate accepted this submission and backdated the sentence. This meant that he had already served his time and was eligible for release from the date of the imposition of the sentence.

If you are facing charges of break and enter, speak to one of our criminal defence lawyers for advice on your legal options. Call us on (02) 9261 4281.

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