Conditional Suspended Imprisonment Order made on tenth conviction for Burglary and Stealing; other Burglary and Stealing charges discontinued; defence costs awarded
Our client was charged with Burglary; Stealing x 2 and Possess Prohibited Drug (Methylamphetamine) x 2. Burglary carries a maximum penalty of 14 years imprisonment in the District Court or 2 years imprisonment and/or a $24,000 fine in the Magistrate’s Court.
Our client plead guilty to one set of Burglary; Stealing charges of $4,500 worth of property at a commercial premises and to the drug charges but not guilty to the second set of Burglary; Stealing charges of $10,100 worth of property at another commercial premises.
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We obtained a Court order for the WA Police to disclose all evidential material. Upon review of the material, we discovered various issues with the way the investigation was conducted, including a failure to follow investigative avenues of inquiry and proper process around the way DNA evidence was obtained.
We made a public interest submission to the WA Police to discontinue the charges outlining why they could not prove the offences to the requisite standard of beyond reasonable doubt. WA Police did not accept our submission.
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We assisted our client prepare for trial and for the sentencing proceedings for the charges they had plead guilty to. We obtained a Pre-Sentence Report and assisted our client to access drug counselling. On the first day of trial, WA Police noted they would make an application to lead propensity evidence (i.e., evidence that a person's past behaviour indicates they had engaged in similar behaviour in the future, in this case the relevant burglary and stealing offences). We outlined why it would be unjust to allow the application and reiterated our arguments to the WA Police as to why the charges ought to be discontinued, to which the WA Police ultimately agreed at Court.
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WA Police discontinued the Burglary; Stealing charges of $10,100 worth of property, and the Magistrate awarded defence costs of $6,376. ​At sentencing, we submitted the Court should impose a Conditional Suspended Imprisonment Order despite immediate imprisonment being likely given it was the tenth conviction for Burglary and Stealing offences and there was an extensive criminal record.
The Magistrate accepted our submission and imposed 9 months imprisonment conditionally suspended for 12 months and only a single nominal fine of $750 for the drug charges. Our client avoided a term of imprisonment, Court costs ($924.50) and a reparation order ($4,500) and was delighted with the outcome.