The Court:
Geelong Magistrates Court
The Charges
The Allegations
The client was a hospitality worker who had no prior history. She was charged with Theft and multiple Obtain Financial Advantage by Deception charges following allegations of fraudulently obtaining refunds from a ride-sharing app over two months.
The client did not have her driver’s licence and was therefore making bookings for rides to commute to and from work. However, she then falsely reported a range of issues, including drivers not showing up or arriving late, to obtain partial or full refunds for the trips. In total, the client claimed 32 fraudulent refunds, amounting to $720 in value.
At Court
The client instructed our solicitor that she was concerned about a conviction on her record for employment purposes, as well as for travelling overseas. Our solicitor reviewed the brief and had discussions with the prosecutor about the possibility of recommending a Diversion, given that the client had no prior criminal offences.
Following negotiations with the prosecution, they were willing to nominate the client for Diversion, allowing the client to avoid a criminal record. The number of charges was also reduced to a single charge of Obtain Financial Advantage by Deception, with all other charges being withdrawn. The prosecutor subsequently filed a Diversion Notice for the matter to proceed by way of a Diversion Hearing.
The Outcome
After considering the materials provided by the client, including strong character references, the Magistrate was persuaded to grant the client Diversion with conditions that she be of good behaviour and to repay the money, subject to the charges, within 12 months. To receive a Diversion means that the client will avoid a criminal record, and therefore, will be able to apply for jobs and travel overseas without needing to disclose this court matter.
