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NSW Likely Sentence for Theft and Assault?

Discussion in 'Criminal Law Forum' started by Nuggsarrow, 18 October 2016.

  1. Nuggsarrow

    Nuggsarrow Member

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    Does anyone know what may happen sentencing-wise in the following case?

    First time offender steals iPad (mountains of evidence from cops sighting it in her house, apples evidence and she admitted the theft to someone who's put a statement in confirming it) and scooters (also seen taking then and admitted it to someone) from a neighbour friend. She also has a final order AVO on her as she assaulted this neighbour she stole from on a separate occasion to the thefts.

    She is denying it all, not remorseful in any sense and has lied to the police so far about it all. The police have noted on her file she is a compulsive liar.
     
  2. Rod

    Rod Well-Known Member

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    No-one unfamiliar with the facts of the case and the defendant's previous history and without the exact charges can know what sentence will be imposed if found guilty.
     
  3. Nuggsarrow

    Nuggsarrow Member

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    There are 3 charges in total of full theft (As she has admitted to others and was seen taking them). I guess I want to know if she pleads guilty what might the outcome be. Or if she pleads not guilty what might it be.

    Total of thefts would amount to about $700 of stolen items.

    Everybody keeps saying first time offense means she will get off. Hard to believe she'll get off with a small slap
     
  4. Rod

    Rod Well-Known Member

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    Do you know or are just guessing these are first time offences?

    And what State? For instance Victoria has sentencing discounts for people who plead guilty.

    For non-violent offences involving less than $1K, getting a small slap for a first time offence is probably OK. Gone are days of transporting people for stealing bread. Community service orders are probably appropriate so she contributes something back to the community she hurt.
     
  5. Nuggsarrow

    Nuggsarrow Member

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    It's NSW and It's confirmed these are first time offenses. Clean record so far. Police believe given her behavior and narcissistic personality she's done this plenty of times before but this is the first time she's been caught. It's predicted she will plead not guilty.

    The mountain of evidence against her and statements from many people confirming the thefts means it's a likely guilty outcome.
     
  6. Tim W

    Tim W Lawyer

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    What's the exact charge?
    And who are you in respect of the accused?
     
  7. Nuggsarrow

    Nuggsarrow Member

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    The police said it's 3 separate charges of full theft (because she admitted stealing to others and seen taking it).

    I am the person she assaulted. And I am the person she stole from.
     
  8. Tim W

    Tim W Lawyer

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    Perhaps you could ask the police exactly what the charge(s) is/ are.
    I am not familiar with an offence in NSW called (even for short) "full theft".

    Much will depend on
    • what the actual charges are; and
    • the medical (ie mental) fitness of the accused to stand trial; and
    • the quality of evidence available to the prosecution
      (and no, the lawyers here may not be inclined to speculate on that); and
    • whether or not the accused pleads guilty to one or more of the offences
      (a guilty plea can attract a discounted penalty); and
    • how, in the event of a conviction, the principles of sentencing are applied
      to the individual, having regard to the facts and circumstances of the offence(s); and
    • in the event of a conviction, how much weight is given to any pre-sentence report
      that may have been prepared for the court (you might think of a PSR as being
      about the facts and circumstances of the offender, rather than about offence).
    Criminal sentencing is really quite complex (more so than people think),
    and is not nearly as ad hoc as it is made to look on television.
     

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