Prosecution Allegations

XENIDES

PROSECUTION ALLEGATIONS

The defendant was observed to enter the female change rooms with a number of items of clothing and emerge from the change rooms in her street clothes with items of swimwear in her hand. She indicated to the store assistant that none of the bathers fitted and proceeded to leave the store.

As the defendant was leaving the exit of the store, the electronic surveillance equipment sounded, indicating that the electronic tag fitted to the clothes had not been removed.

The defendant was asked to return to the store and asked whether she was wearing or concealing any items. She admitted that she had swimwear and was asked to proceed to the change rooms and hand over the items.

The defendant was cooperative and returned the bathers to the female store assistant.

The store assistant telephoned the police who interviewed the defendant. The defendant was cooperative and admitted trying to take the bathers.

DEFENCE SUBMISSIONS

The defendant is an 18 year old female.

She advised that she didn’t see the electronic surveillance tag on the bathers, which was quite small and attached to the labelling at the back of the item of clothing.

The defendant admitted that she took a number of clothes into the change rooms and put on the bathers with the intention of leaving the store with them without paying. She advised that she needed new bathers to go away just after Christmas with her family, and that her parents would not give her the money required to purchase a new pair of bathers.

The defendant is living at home with her parents and is training as a teacher at the University of South Australia. She has no income.

The defendant has two prior offences of larceny as a child, but no convictions as an adult and is extremely concerned that a conviction here will affect her chances of future employment as a teacher.

The defendant admits that her actions were foolish, but she was upset and aggrieved by the fact that her parents would not give her any further money to purchase clothes or any items to take on holiday.

EDUCATIONAL USE ONLY

SOUTH AUSTRALIA

Form 4

/ INFORMATION
Magistrates Court of South Australia
www.courts.sa.gov.au
Summary Procedure Act, 1921
Sections 101 / Court Use
date filed
Informant
Name:. THE UNDERSIGNED MEMBER OF THE POLICE FORCE
Address ADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: XENIDES, Marinella
Address
Offence details
1. The Information of a Member of the Police Force of Adelaide this 19th day of December 2012 who states that Marinella Xenides on the same day at Rundle Mall in Adelaide stole a pair of bathers of the value of $95 the property of Aussie Cossie Pty Ltd
Section 134 of the Criminal Law Consolidation Act, 1935.
The informant may make application for compensation.
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
Date Informant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

Criminal Law Consolidation Act 1935

134—Theft (and receiving)

(1) A person is guilty of theft if the person deals with property—

(a) dishonestly; and

(b) without the owner's consent; and

(i) to deprive the owner permanently of the property; or

(ii) to make a serious encroachment on the owner's proprietary rights.

Maximum penalty:

(a) for a basic offence—imprisonment for 10years;

(b) for an aggravated offence—imprisonment for 15years.