This matter involved a client charged with two counts of aggravated burglary, along with other charges including assault, trespass, breaching bail and going armed so as to cause fear. We acted in the matter from its inception in the Magistrates Court. The client had made significant admissions to the offending and there was unlikely to be any real defence at trial. Unfortunately, the police prosecutors who had carriage of the matter in the lower court were not willing to negotiate at all, and rejected our plea offer submission outright. This sometimes happens in cases where the prosecution considers the evidence to be very strong, such as where significant admissions are made. The plea offer would have had the effect that the matter could remain in the lower court, which results in the quickest and most cost-effective method of dealing with the matter.

We referred the client to various treatment options including to treat the client’s alcohol problem which had led to the offending, as well as psychological counselling. The client had a very good work history and we obtained detailed information to establish this. Further, we obtained numerous positive references from the client which established the client’s entrenched and ongoing good character.

The matter was sent to the District Court after the client, on our advice, entered guilty pleas to all charges before obtaining any of the evidence in the case. This ensured the client secured the maximum 25% discount for a plea of guilty that is available under the Sentencing Act, and also along with other material that was provided to the court, demonstrated significant remorse for the offending.

In the District Court, we filed detailed written submissions outlining the client’s good character, significant work history and other matters relevant to mitigation. The State prosecutor submitted that a term of immediate imprisonment was appropriate. In what some might consider an unlikely outcome, we submitted that a community based order was appropriate. This was so despite the fact that the case authorities typically call for immediate imprisonment for offences of the sort committed by the client. The District Court sentencing Judge accepted our submission, noting the client’s very favourable antecedents and efforts at rehabilitation.

Because a community based order was the sentence to be imposed, we argued for the client to receive a spent conviction for all of the charges before the court. This was on the basis the client was unlikely to commit the offences again. Despite strenuous opposition from the prosecutor, the sentencing Judge agreed with our submissions and imposed spent convictions on all charges.

This is an extraordinary outcome in the District Court, particularly for charges such as aggravated home burglary in this case. The client was very happy with this outcome which meant that they could continue their long-standing career without the burden of a criminal conviction.