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TAS Court for $80 Clothing Theft from Kmart

Discussion in 'Criminal Law Forum' started by sophie young, 29 March 2015.

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  1. sophie young

    sophie young Member

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    Hi there, I'm a single mother and end of last year I was in a pretty bad time of my life getting around bad influenced people and financially broke as it was a few days till christmas I got court stealing 80 dollars worth of clothing at Kmart I was very embarrassed and sorry for my actions.. Since then I have moved from the area I was living cut the bad people out of my life and doing well.. Just wanting some advice as I have court tomorrow morning for theft as to what might help my case and what you think my out come will be?
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Sophie,

    Is this your first appearance in court? If so, you will most likely be asked to plead guilty or not guilty to the charges. If you plead guilty, you accept that (i) you committed the offence alleged against you; and (ii) you agree to the facts alleged by the prosecution/police. Pleading guilty or not guilty is completely your choice. However, pleading not guilty will lead to a trial whilst pleading guilty will mean you accept the offence which could be seen as a sign of cooperation and remorse and help you in sentencing.

    You should have been given a charge sheet and brief (detailing what charge you are alleged of to have committed and the facts supporting that charge and the actions leading to the charge) from the police. Do you have this? If so, read it and understand it. This is the prosecution's case against you.

    You should contact your local community legal centre or Legal Aid for more specific advice.

    Here are some fact sheets that may help you:
     
  3. sophie young

    sophie young Member

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    Hi tracy thank you for your help I have a charge sheet but no breif… if I plead guilty what do you think my sentence will be? Is it an jailable affence or iam just stressing over nothing… and I only have on offence that was 2 years ago and I wasnt convicted just got good behavour… the matter was domestic violence
     
  4. Tracy B

    Tracy B Well-Known Member

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    Hi Sophie,

    Sentencing is a very complicated area and will depend on your individual situation (income source, family, background and education, character, criminal background, the way you handled this matter, the way you handled your previous offence etc.)

    However, for a shoplifting offence with total loss of $80, given your headspace at the time, the fact you have reformed your character and environment int he meantime, if you do plead guilty, imprisonment will be very unlikely. Any custody penalty would appear to be greatly disproportionate to the crime. However, this is a very rough estimate and not advice (I don't have enough facts), you should see a lawyer (or community lawyer) for more specific advice.

    I wouldn't worry too much right now, Sophie.
     
  5. sophie young

    sophie young Member

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    Thank you for your advice its very much appreciated
     

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