Diversion Granted, No Conviction, Theft & Dishonesty

Magistrates' Court of Victoria

Diversion granted on indictable obtain property by deception and theft charges, with $6,000 restitution paid

Diversion granted on indictable obtain property by deception and theft charges, with $6,000 restitution paid and no criminal record recorded.

Magistrates' Court of Victoria · Obtain Property by Deception / Theft · Diversion Hearing

Case Snapshot

Court
Magistrates' Court of Victoria
Area
Theft and dishonesty
Stage
Diversion hearing
Lead charges
Obtain property by deception
Theft
Maximum penalty
10 years imprisonment (each)
Defence work
Diversion application
Restitution arrangements
Written submissions
Outcome
granted
Restitution: $6,000
Court fund donation: $200
No criminal record

Result: In this anonymised matter, the client faced obtain property by deception ($6,000) and theft, both indictable offences with 10-year maximum penalties.

The matter resolved by diversion under section 59 of the Criminal Procedure Act 2009. The diversion plan included $6,000 restitution to the victim and a $200 court fund donation. If the conditions of the diversion plan are complete, the charges are dismissed with no finding of guilt and recorded in a similar way to an official warning. No criminal record will be recorded for the client once the diversion plan is complete.

Case Outcome

Diversion
Granted
Restitution
$6,000 paid to victim
Criminal record
None

Charges

The client faced obtain property by deception in the amount of $6,000 and theft. Both are indictable offences with 10-year maximum penalties.

The Problem

Indictable dishonesty charges nearly always result in a conviction. Serious dishonesty charges can lead to community correction orders and imprisonment. In this case, any conviction would have had consequences for our client’s employment, travel and licensing.

Our Approach

Despite the unlikely hood of success, our team prepared a detailed application for diversion, which addressed the eligibility requirements and offered to restitute the victims in full.

Outcome

Diversion was granted. The diversion plan required $6,000 restitution to the victim and a $200 court fund donation. On completion, no criminal record was recorded.

Why This Case Matters

Had the client not approached our office for legal advice, they would not have known that they were eligible for a diversion. Diversion can resolve eligible indictable matters without a finding of guilt. Eligibility, victim position, and the structure of the diversion plan are central to whether diversion remains in range.

Common Questions

Can deception and theft charges be resolved without a criminal record?

Yes, where diversion is available. In this anonymised matter, the client faced obtain property by deception ($6,000) and theft, both indictable offences with 10-year maximum penalties. The matter resolved by diversion under section 59 of the Criminal Procedure Act 2009. The diversion plan included $6,000 restitution to the victim and a $200 court fund donation. If the conditions of the diversion plan are complete, the charges are dismissed with no finding of guilt and recorded in a similar way to an official warning. No criminal record will be recorded once the diversion plan is complete.

Does this result guarantee the same outcome in another case?

No. Each matter depends on its own facts, including the charges, evidence, plea position, criminal history, sentencing material and the Court's assessment. Past outcomes do not guarantee future results.

Charged with a dishonesty offence?

Diversion can resolve eligible indictable matters without a finding of guilt. Eligibility, victim position and the structure of the diversion plan are central to whether diversion remains in range.

FACING A SIMILAR CHARGE?

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Each matter depends on its own facts. Early legal advice can affect how a criminal matter is prepared, negotiated, or resolved.