Driving Disqualified and Fail to Stop – No Order Against Licence

Police alleged that our client broke into a residential property and stole a number of items. It was further alleged that 3 persons were present in the house during the incident and hence it was a case of aggravated burglary. The following morning, he was intercepted by the police while riding a vehicle. The allegedly stolen items were also found in the vehicle.

Other alleged details of the offending include that our client has stolen keys from the property. His vehicle was seen on CCTV footage and, during the police stop, he decamped when the police told him to stop and was further found to be driving whilst disqualified. Police also obtained a search warrant to be able to search his house and the stolen television was found in the property.

Our client was on Youth Parole and County Court bail for separate matters when this incident occurred.

As a result, he was charged with the following offences:

  • Driving Whilst Disqualified
  • Fail to Stop When Directed By police
  • Aggravated Burglary
  • Burglary
  • Theft

He was remanded on the above charges without bail and we represented him at the Heidelberg Magistrates’ Court.

During the bail application, the prosecution further alleged that our client committed a theft of petrol. But we argued the lack of evidence for this charge and it was eventually withdrawn by the prosecution. We reviewed all the evidence submitted by the police and pointed out inconsistencies that weakened the prosecution’s case. We specifically argued that no evidence was found directly linking our client to the burglary apart from the stolen television found in his house. The prosecution finally agreed to withdraw the significant charges of aggravated burglary, burglary, and theft; and to proceed with just the traffic offences and a charge of dishonestly assisting in the retention of a stolen good.

With the major charges being withdrawn, the case was abridged to a closer date to ensure our client’s immediate release. Our client received no further sentence apart from the time he already served in custody. There was no order made against his licence.

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