1

OLAF

VICTIM 1

Victim 1 in this matter is Lynton Giles and he states that at about 1.15 pm on Saturday 2nd February 2012 he left the vehicle, Holden Commodore Station Wagon, valued at $39 700 secured and locked in the garage at 34 Long Street Rose Park. At 8.30 pm the vehicle was missing.

The victim advised on 9 February that the vehicle had been recovered. The victim further advises that the vehicle needs two new rear tyres as they are now bald, and vehicle service bill was $490.

No permission was given to take the vehicle.

VICTIM 2

Victim 2 in this matter is Vivienne Bore who owns a house at 14 Victoria Drive Rose Park. She states that at about 10.30am, Monday 9th February 2012 she secured the premises and left. At about 1.30pm she received a phone call from her alarm company stating that her house had been broken into. The victim attended at her home address and spoke with Police, and found that the rear door of her premises had been kicked in and property stolen from within. Also a roller door of a garage was jemmied and damaged.

The property stolen included:

68cm General Electric colour television value $1,200, Panasonic VHS video recorder value $510, both these items had her name and licence number engraved. Pioneer stereo, value $949, glass jar containing foreign coins, value $50, plastic money box containing foreign coins, value $10, brown leather jewellery box and assorted cuff links, value $100, gold men’s Pulsar quartz watch, value $200, silver men’s Omega watch, value $30, gold bracelet value $50.

Total value: $3 099.

No permission was given to anyone to enter the premises and remove the property.

The damage bill for the repair to the rear door was $296.90. Victim states that at about 10.55 am on Tuesday 10th February 2012 she attended at the Norwood Police Station and identified the above property. All property was recovered.

POLICE VERSION

Police at about 1.25pm Monday 9th February 2012 attended at 14 Victoria Drive Rose Park as a result of information received via Police Communications that there was an audible alarm coming from that address.

Police drove around to the lane way at the rear of the house. Police then observed a blue Holden Commodore Station Wagon pull out of the garage at the rear of number 14. There was a male person driving the vehicle, who Police recognised as being Darren Olaf. The vehicle was followed east along Victoria Drive, then north along End Street.

Police then advised Communications that the premises had been broken into. The vehicle then travelled west on Kensington Road, north on Clarke Street, west on John Street, north on Fullarton Road, south-west on Angas Street, Kent Town, north west through a business premises Carapook, south west on Little Angas St, north west on DequettevilleTce, then west on Bartels Road, Adelaide.

Communications advised that the vehicle was being followed at this time. The vehicle then travelled south on East Tce and the Police lost sight of the vehicle.

The vehicle was located doing a U-Turn and travelling east on Flinders Street East, then south on East Tce, east on Wakefield St, south on Harvey St, lights and sirens were activated at this state.

The vehicle continued west on Angas St, vehicle then went south on Hutt St, driving on the eastern footpath for about 20 metres. A number of pedestrians had to get out of the way of the vehicle. Police then lost sight of vehicle on Carrington St.

The driver of the vehicle was then seen running south across Gilles St, before stopping on the corner of Gilles St and Hutt St, Adelaide.

The vehicle was identified as that stolen on the 2 February 2012. Upon checking the vehicle, stolen property was recovered from the rear. The driver of the vehicle, Darren Olaf, was subsequently arrested and conveyed to Adelaide Police Station where he was video interviewed. He was charged at 2.15 pm with Criminal Trespass and Larceny, Illegal Use and Drive in a Manner Dangerous.

He was searched and placed in a cell. At about 3.30 pm Monday 9th February Police and Norwood CIB attended at Darren Olaf’s home after he had been bailed. Nil property was located.

EDUCATIONAL USE ONLY

SOUTH AUSTRALIA

/ INFORMATION
Magistrates Court of South Australia

Summary Procedure Act, 1921
Sections 101 / Court Use
date filed
Informant
Name:. THE UNDERSIGNED MEMBER OF THE POLICE FORCE
AddressADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name:OLAF, Darren
Address
Offence details
1.The Information of a Member of the Police Force of Adelaide this 24th day of March 2012 who states that Darren Olaf at Rose Park on the 9th of February 2012 broke into and entered the house of Vivienne Bore and committed therein an offence to which this section applies namely larceny of a colour television, video recorder, compact disc player with speakers, container of coins, money box containing coins, jewellery box, two watches, cuff links, bracelet, together of the value of $3 099, the property of Vivienne Bore.
Section 170(1)(a) of the Criminal Law Consolidation Act, 1935.
This is a Minor Indictable Offence.
The informant may make application for compensation.
2.On 9th day of February 2012 at Rose Park in the said State drove a motor vehicle without first obtaining the consent of Lynton Giles the owner.
Section 86A of the Criminal Law Consolidation Act, 1935.
This is a Minor Indictable Offence.
The informant may make application for compensation.
3.On the 9 day of February 2012 at Adelaide in the said State drove a vehicle namely a motor vehicle on a road namely Hutt Street in a manner which was dangerous to the public.
Section 46 of the Road Traffic Act, 1961.
This is a Summary Offence.
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateInformant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

Criminal Law Consolidation Act 1935

Serious criminal trespass-places of residence

170. (1) A person who commits a serious criminal trespass in a place of residence is guilty of an offence.

Maximum penalty: Imprisonment for 15 years.

Using motor vehicle without consent

86A. (1) A person who, on a road or elsewhere, drives, uses or interferes with a motor vehicle without first obtaining the consent of the owner of the vehicle is guilty of an offence.

Penalty: For a first offence-imprisonment for 2 years;

For a subsequent offence-imprisonment for not less than 3 months and not more than 4 years.

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.

Road Traffic Act 1961

46—Reckless and dangerous driving

(1) A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to the public.

Maximum penalty: Imprisonment for 2 years.

(2) In considering whether an offence has been committed under this section, the court must have regard to—

(a) the nature, condition and use of the road on which the offence is alleged to have been committed; and

(b) the amount of traffic on the road at the time of the offence; and

(c) the amount of traffic which might reasonably be expected to enter the road from other roads and places; and

(d) all other relevant circumstances, whether of the same nature as those mentioned or not.

(3) Where a court convicts a person of an offence against subsection (1), the following provisions apply:

(a) the court must order that the person be disqualified from holding or obtaining a driver's licence—

(i) in the case of a first offence—for such period, being not less than 12 months, as the court thinks fit; or

(ii) in the case of a subsequent offence—for such period, being not less than three years, as the court thinks fit;

(b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentenceon oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month.

(4) In determining whether an offence is a first or subsequent offence for the purposes of this section, only a previous offence against subsection (1) for which the defendant has been convicted that was committed within the period of five years immediately preceding the commission of the offence under consideration will be taken into account.

(5) It is a defence to a charge of an offence against this section for the defendant to prove that he or she was, at the time of the offence—

(a) carrying out duties as an emergency worker; and

(b) acting in accordance with the directions of his or her employing authority;

(c) acting reasonably in the circumstances as he or she believed them to be.

(6) In this section—

emergency worker means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section;

employing authority means—

(a) in relation to a police officer—the Commissioner of Police; or

(b) in relation to a person who is an emergency worker as defined by the regulations for the purposes of this section—the person defined by the regulations as the employing authority for that person.