VIC Theft Charge After 2 Years Clean Criminal Record?

[carolinestudent]

I will be honest in the past ten years I have been charged three times with involvement of deception , the last time I faced court was just over two years ago where I was given an Intensive corrections order for over 12 months, now two years has passed I obtained two diplomas had been working doing everything right and I find an ipad at local park which I took home, was on my way to return it two weeks after at local post office were police stopped me took ipad and have charged me theft of the ipad even though I found it at the park, never the less I guess I shouldn't of touched it, however I am being charged with one count of theft, how could this pan out for me, I'm disappointed as my children have found million things at the local beach I have never imagined it was all theft, if ace court next week and worried that the one count of theft will have a bigger impact because of my past criminal record even though the changes were made since my last court appearance.

 

[carolinestudent]

And just wanted to note that I am single mother with three children, previous convictions had father involved but that part of my life has finished, I contacted legal aid but they said the offence would be heard on the day with duty lawyer because it was one charge, however I do have criminal record which is my concern

 

[Rod]

What is your question?

No-one can say with certainly what sentencing you may receive.

Having the Ipad for 2 weeks and then having it found in your possession does not look good for you.

 

[Tracy B]

Hi Carolinestudent,

I suggest you contact your local community legal centre as soon as possible. How did it go with the Duty Lawyer? Also, have a read of "theft and property damage".

Basically, for theft, the police need to prove:

• You acted dishonestly when taking the iPad;
• The iPad did not belong to you; and
• You were not planning to return it to its owner.

Finding something of high value in the park, picking it up knowing that it did not belong to you with the intention of keeping it would count as theft even if you were not the person who took it from the original owner.

Further, your past three involvements with deception, if convicted, will work against your credibility, and may show a propensity for dishonesty. Your family situation, personal education etc. may help you in sentencing, but will unlikely be taken into account on the question of whether or not you committed theft.