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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Looking with a submission to police prosecution. I have been

Customer Question

looking for help with a submission to police prosecution.
I have been charged with stealing by clerk or servant.
I would just like to get confirmation that this submission to the police covers all my basis and contains correct wording. It is as follows:
Without Prejudice
To whom it may Concern
I am writing to you in regards ***** ***** file CO1600087172 (Ben Veichelis)
Stealing as clerk or servant.
The issues I wish to convey are as follows
1. The monetary values contained in my QP009 are correct to an inflated retail value of the goods take, based on this I would request that the values indicate their purchased value only (cost price) as had these items not been returned, this is the value that would have been paid by the insurance company.
These retail prices are referenced in lines sixteen (16) and seventeen (17) in the court briefing (Facts of the charge).
2. I would request amendments as follows:
Line 40 states the ring and earrings were in my car, this is incorrect as only the earrings were located.
Line 50 both watch and ring were located at my (Ben Veichelis) house accompanied by myself with the officers.
As you can see all property has been returned and minimal loss incurred
Should these matter be address I (Ben Veichelis) am willing to cooperate with Police and enter into a plea of guilty.
I thank you kindly for taking the time to read over my submission.
Kindest Regards
Ben ******
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You cannot do this yourself.

You do not say that they are correct. You are making admissions.

The losses to the business are not the cost price but the sale price. It is not relevant if he has been reimbursed by the insurance company. If you are ordered top pay compensation that will to the insurer not the boss.

Are you intending to plead guilty? If so this should be clear and then you set out what part of the facts is wrong and ask them to be amended to show the correct facts. You do not give explanations.

You should get a solicitor that practices in criminal law to deal with this because stealing from your employer is far more serious than normal stealing.

Spend some money to make sure that you get a good result with no conviction recorded and be represented.

I would not suggest you send the submissions you have provided they are too damaging even though made without prejudice.

I hope this makes sense and is of assistance.

Customer: replied 10 months ago.
Nobody is seeking restitution as all items were returned in good saleable condition.
I only seek the monetary claims reduced as this does not look good to a judge. I do intent to plead guilty as is stated at the bottom of the submission
Expert:  Leon replied 10 months ago.

Good Afternoon

ok

The judge will not look at the monetary amount they will look at the number of times you did it.

You have to set out in your letter that you are intending to enter a plea of guilty before the court.

Having read the facts you would like the following amended due to inaccuracies.

1. xxxxx

2. xxxxx

But have a solicitor represent you.

Customer: replied 10 months ago.
I have received different advice from the duty lawyer present at the court house.