1
EXAMPLE ONE (Beginners)
BROWNLOW
Information for Police Prosecutor
'If it pleases the Court your Honour, my name is Roberts and I appear for the Prosecution in this matter.'
Mary Watson, a Security Officer employed by Myer (SA) Stores was on duty at the Marion Store on the 9th day of March.
At 4pm she observed the defendant in the knitwear section of the store, which is situated on the ground floor. The defendant was seen to select three T-shirts and two pairs of jeans.
She went into the fitting rooms and was in there for about 30 minutes. When she Game out, she was carrying only two T-shirts and one pair of jeans. The fitting room was checked and the missing jeans and T-shirt were not there. The defendant went to the Miss Adelaide section of the store, which is situated on the ground floor and there selected some other items, went to the fitting rooms, returned them to their racks and then went upstairs where she looked at some other items but replaced all of them on the racks. She then left the store and was stopped on the quarter deck. The defendant was wearing her own clothing with the T-shirt and Jeans underneath.
The garments are the property of Myer (SA) stores and no person has permission to remove them without first paying for them. the value of both articles in total was $119.00. Police were called and both articles were recovered in good condition with no loss to the store. The police attended and questioned the defendant.
She told them she had come to the shopping centre by bus at about 3.30pm that day. She said she had come to the shopping centre to have a look around at the Centre itself. She admitted taking both the T-shirt and the jeans and placing them in her school bag whilst in the fitting rooms. She said that she was going to take them home and wear them. She had no intention of paying for them. She knew the price of the T-shirt and jeans. At the time of being spoken to by the police, she had a total of $5 in her possession.
She gave as the reason for not paying for the items that she did not have enough money. At the time of the offence, the defendant was 18 years of age and a student by occupation.
The defendant has no prior convictions.
These are the facts your Honour.
Information for Defence Lawyer
"If it pleases the Court your Honour, my name is Cavanagh, and I appear for the Defendant in this matter."
She has no prior court appearances. She went to Myer's on the 9th of March to look for clothes. She didn't intend to take any clothes or buy any. She was feeling a bit depressed on that day as she was not getting on with her friends around that time and it was only when she was in the store that she was tempted to steal and did in fact steal. It was a spur of the moment decision. She thinks her statement to the Police will support this.
She was very nervous when looking at the items in the store and it was probably that nervousness that attracted the attention of the Store Security Officer.
When she went into the change room, she was tossing around in her mind whether to take the items and, unfortunately, decided that she would. That is the reason she was in the change room for so long.
When she spoke to the Police, she was completely honest and made a full statement to them. She feels quite upset by what has happened and feels very remorseful about what she has done.
She is only aged 18. Both her parents are Greek and she came to Australia when she was 4 years of age. She was naturalised when she was aged 12. Her family originally had a name which was difficult to pronounce for Australians at that time and they changed it to Brownlow by deed poll, although among the Greek community they still use their original family name.
Her father is presently unemployed but is unhappy about the situation. He was retrenched and is now trying to find another job. He is in the process of retraining himself as a driving instructor in an attempt to make himself more employable. Her mother works as a dressmaker and she is presently supporting the family.
My client went to Mitchell Park Primary School and Marion High and completed Year 12 at Marion High. Last year she started an industrial design course at DETAFE. She had some difficulty with the first year, but just managed to complete it. She is having difficulty with second year and it was just at the end of first term that she succumbed to this temptation. She has been extremely worried about the outcome of this matter. Some of her first term projects are still due in but she has not been able to concentrate on them and at this stage, have been assessed as unsatisfactory in first term. She is attempting to remedy the situation but is worried about the prejudice to her employment chances that a conviction in this matter may cause.
Her parents have been highly upset by this matter and no-one, apart from her immediate family and lecturers have been told. It would mean a great deal of shame on the whole family if the Greek community found out about the matter.
She is very worried about her employment chances and a conviction would only further jeopardise them.
She has been receiving an AUSTUDY allowance of $150 per month and has $550 in the bank, together with a car worth $3000. The car is in need of registration and insurance which will cost $380 in all. She lives with her parents and pays no rent. She has no credit card commitments. My client is more than happy to pay compensation to Myer for the cost of the goods taken.
My client would like to avoid a conviction being recorded in this matter because of the effect if may have on her future employment prospects.
I ask Your Honour to exercise your discretion under 5 16 Criminal Law Sentencing Act and not record a conviction.
EDUCATIONAL USE ONLY
SOUTH AUSTRALIA
COMPLAINT
Summary Procedure Act, 1921 - Sections 49 and 57
The Complaint of Police of Adelaide this 15th day of March 2000 who states that
JANET BROWNLOW of 31 East Street, Mitchell Park on the 9th day of March 2000 at Marion in the said State:
Stole a pair of jeans and a T-shirt together to the value of $119.00 the property of Myer SA Stores Ltd.
Section 131 of the Criminal law Consolidation Act 1935 - 1979.
......
(Complainant) (Witness - a Registrar
or Justice of the Peace)
SWORN before me at
this day of 20
......
(Justice of the Peace)
Prosecution Address
Prosecution Telephone
(Reprint No. 14)
PART 5
Criminal Law Consolidation Act 1935
PART 5
LARCENY AND SIMILAR OFFENCES
Interpretation
130. In this Part-
'document of title to goods' includes any bill of lading, India warrant, dock warrant, warehousekeeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note or any other document used in the ordinary course of business as proof of the possession or control of goods or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive any goods represented by, or mentioned or referred to in, that document;
'document of title to lands' includes any deed, map, paper or parchment, written or printed or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate or to any interest in, or out of, any real estate;
‘property’ includes every description of real and personal property, money, debts, legacies and all deeds and instruments relating to, or evidencing the title or right to, any property or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any party but also any property into, or for which, such property may have been -converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise;
‘trustee' means a trustee on some express trust created by some deed, will or instrument in writing and includes the heir or personal representative of any such trustee and any other person on or to whom the duty of the trust has devolved or come and also all executors -and administrators, receivers under any Act of Parliament, or under any order or decree of the Supreme Court, and all assignees and trustees in bankruptcy;
‘valuable security' includes any order or other security entitling, or evidencing the title of, any person to any share or interest in any public stock or fund or in any fund of any body corporate, company or society, whether within the State or elsewhere, or to any deposit in any bank, and also includes any debenture, deed, bond, bill, note, warrant, order or other security for money or for payment of money and any document of title to lands or goods as hereinbefore defined.
Simple larceny
131.. Any person convicted of simple larceny, or of any offence by this Act made punishable like simple larceny, shall (except in the cases hereinafter otherwise provided for) be liable to be imprisoned for a term not exceeding five years.
Larceny by bailee
132. Any person who, being a bailee of any chattel, money or valuable security, fraudulently takes or converts it to his own use or the use of any person other than the owner, although he does not break bulk or otherwise determine the bailment, shall be guilty of larceny and liable to be punished accordingly.
Joinder of counts for larceny
133. (1) In an information for any offence of stealing under this Act, distinct acts of stealing, not exceeding three, which have been committed by the person accused against the same person within the space of six months may be charmed in separate counts of the same information and tried together.