LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Police Won't Prosecute Mobile Phone and Date Theft?

Discussion in 'Criminal Law Forum' started by Yvette, 22 May 2015.

  1. Yvette

    Yvette New Member

    Joined:
    22 May 2015
    Messages:
    1
    Likes Received:
    0
    In February my mobile phone was stolen from me in the street by someone known to me. I had a witness statement supporting what happened. The person then downloaded my whole phone, photos, emails, everything, before returning the phone to my partner (her ex) and then taunting us with what she had access to.

    I have just received a letter from the Acting Senior Sergeant advising they are not prosecuting due to insufficient evidence. They have not acknowledged my advice to them about the additional evidence, where the thief emails a recording of a phone conversation between her and my partner which she recorded herself, in which she admits all.

    I'm wondering what recourse I have to insist on the theft charge. I gather the police and particularly the e-crimes unit are too busy and consider it too minor, despite what I think is ample evidence to prosecute.

    I would appreciate help on this. In particular, what can e-crimes prosecute, and can a recording of a phone conversation be used as evidence? The conversation was recorded by both participants in the conversation, and the thief actually emailed her recording to us.

    Thanks.
     
  2. Tracy B

    Tracy B Well-Known Member

    Joined:
    24 December 2014
    Messages:
    435
    Likes Received:
    70
    Hi Yvette,

    I understand you want this person prosecuted. But what exactly are you seeking to get as a result (apart from having the police pursue this)? Does this person still have a copy of the data from your phone? Are you looking to get this data back?

    If this is the case, and the police are unwilling to prosecute (since you have your phone back), perhaps you could consider civil action. If you are concerned about this person releasing this data to third parties or the public, you should seek an injunction from court to prevent them doing so. Perhaps even a positive injunction (specific performance) ordering the person to permanently deleting this data.
     

Share This Page

Loading...