PEDLER

PROSECUTION ALLEGATIONS

Witness 1 Peter Rogers states that between 8.00 pm and 10.30 pm on the 12th of June 2012 he was away from his securely locked room at the City Hotel in Grape Street, Adelaide. When he returned to the room he found his clothes strewn about and his neck chain, CD collection, a video-cassette, a glass jar and a small tin containing cannabis were all missing. He could not find any sign of forced entry to the room.

The next day, the 13th June 2012 at about 8.00 am he was at a nearby backpacker's hostel when he overheard a conversation between staff there and a male customer trying to get a room. The witness's chain was around his neck.

The witness tried to grab this person but was unable to. The hostel staff member also tried to grab the person but failed. He ran off.

The witness called police, and he and the hostel staff member gave police a description of the male. The description was given to police at about 8.15 a.m.

Another witness, Stephen Bradshaw works at a pawnbroker’s shop in Grape Street, Adelaide. He states that about 9.15 am on the13th June 2012 a male entered the store and pawned 20 CDs. The male, now known to be the accused in this matter, provided identification in his own name, and by falsely stating he was the owner of the CDs, obtained a loan in the amount of $40.

Another witness, Simon Costalot works at another pawnbroker’s in Grape Street Adelaide, and states that at about 10.30 am on 13th of June 2012 a male entered the store and pawned a neck chain. The male, now known as the accused in this matter, provided identification in his own name, and by falsely stating he was the owner of the neck chain, obtained a loan, again in the amount of $40.

Police, responding to witness 1’s complaint, went to local pawnbrokers including the two visited by the accused, to see if anyone had pawned the stolen items. By doing so they were able to obtain the name of the accused as someone suspected of pawning the items. Then at about 3.20 pm. on 14th of June 2012 the investigating police officer went to Adelaide Police Station where the accused had presented and given himself up.

Although the accused stated to police that he was guilty, he declined to answer any further questions.

The accused has convictions for fraud other than false pretences, attempted fraud other than false pretences and false pretences, all from March 2009, and a larceny conviction from July 2007.

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:PEDLER, Paul
Address
Offence details
The Information of the undersigned a member of the Police Force of Adelaide who on the 18th day of June 2012 states that Paul Pedler on the12th of June 2012 at Seacombe Heights in the said state:
1.Broke into and entered the hotel room of Peter Rogers and committed therein an offence to which this section applies namely larceny of a neck chain, CD collection, a video cassette, a glass jar and a small tin containing cannabis, the property of Peter Rogers thereby committing the offence of non-aggravated serious criminal trespass
Section 170(1) of the Criminal Law Consolidation Act 1935.
2.Made false and misleading statements with respect to ownership of CD’s
Section 20(1) of the Second Hand Dealers and Pawnbrokers Act 1996
3.Made false and misleading statements with respect to ownership of an item of jewellery
Section 20(1) of the Second Hand Dealers and Pawnbrokers Act 1996
These are Minor Indictable Offences
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

170 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.

(2) A person who commits a serious criminal trespass in a place of residence is guilty of an aggravated offence if-

(a) the person has, when committing the trespass, an offensive weapon in his or her possession; or

(b) the person commits the trespass in company with one or more other persons; or

(c) another person is lawfully present in the place and the person knows of the other's presence or is reckless about whether anyone is in the place.

Maximum penalty: Imprisonment for life.

(3) In this section-

" place of residence " means a building, structure, vehicle or vessel, or part of a building, structure, vehicle or vessel, used as a place of residence.

Pawnbrokers and Second Hand Dealers Act 1996

20—False or misleading information

(1) A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.

Maximum penalty:

If the person made the statement knowing that it was false or misleading—

$10 000.

In any other case—$2 500.

(2) A person must not, in providing or confirming information to a second-hand dealer as contemplated by this Act, make a statement or provide a document that is false or misleading in any particular.

Maximum penalty:

If the person made the statement or provided the document knowing that it was false or misleading—$10 000.

In any other case—$2 500.