Theft of Motor Vehicle Charge Withdrawn After Prosecution Case Challenged
Case Summary
Client Profile
The client was a young, vulnerable man arrested following the theft of a motor vehicle.
A known close associate of the client was repeatedly captured in the stolen vehicle, with witness reports of the client being present with that associate. When the co-accused was arrested, police alleged that the client ran away as the co-accused yelled his name.
The co-accused subsequently gave an interview alleging that the client had stolen the vehicle. The client’s fingerprint was also found on the vehicle.
The client was charged with theft of a motor vehicle, which would result in a mandatory licence loss and a term of imprisonment given his criminal history.
The Circumstances Surrounding the Matter
Police maintained a firm position that the client should plead guilty to the charge. Despite lengthy negotiations, police refused to withdraw the charge at Mention stage.
If the client pleaded, he would face a term of imprisonment.
The matter therefore required the defence to continue challenging the prosecution position and the evidence relied upon.
Our Strategy
Luke Metherell consistently pressed police on their position and repeatedly detailed the deficiencies in the police case.
Prior to the Contest Mention, Luke again contacted the relevant prosecutor and outlined why the police position remained weak and why there were not reasonable prospects of a conviction.
He pointed to issues with the admissibility of some of the evidence and argued that a great deal of the police case was speculative.
Result
The charge was withdrawn at Contest Mention, finalising the matter.
Why the Client Benefited from Our Representation
The matter involved persistent advocacy, a firm understanding of the relevant case law and charges, and strong negotiation skills.
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