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$320 fraud - jail??

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tilly101 View Drop Down
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Joined: 07/August/2010
Location: Australia
Posts: 5
  Quote tilly101 Quote  Post ReplyReply Direct Link To This Post Topic: $320 fraud - jail??
    Posted: 07/August/2010 at 15:58
Hi everyone
My background:
Female
Live in Sydney
Just under 30 yrs old
Previous squeaky clean record

2009 - horrible yr in which I developed a devestating gambling [pokies] addiction.
Every pay would put the whole lot in.
It ended up costing me my job as I was having days off to go and gamble    

Spur of the moment one day posted online an iPhone for sale.
Could not believe it when someone said they would buy it and deposit money into my account

They did so, no phone sent [never was a phone, could not believe this kinda thing could happen??]

Gambled the lot

Now almost a year later got arrested, charged, mug shot, fingerprinted, CRIMINAL RECORD
All over $320

I no longer gamble but I cannot afford a solicitor

I have an upcoming court date and am turning up alone

What can I expect in terms of:
- court proceedings
- penalty

Do I go to jail for this? Get a good behaviour bond? Have to pay a fine? Have to keep this criminal record?

Thanks
Jess

PMCL View Drop Down
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Joined: 26/March/2010
Location: Australia
Posts: 807
  Quote PMCL Quote  Post ReplyReply Direct Link To This Post Posted: 07/August/2010 at 18:01
Spur of the moment one day you posted an iPhone for sale?
No.

Shoplifting is an example of "spur of the moment" - you planned this one, and took the money and ran. Big difference.

It takes a fair bit of prep to set up an eBay ad as there are numerous questions you have to answer and lots of choices you have to make - price, duration of auction, etc. There's time to reconsider, but that wasn't used for that purpose.

Then along comes the buyer and probably hits "Buy It Now". Did you already have your bank details on checkout or did you send them to him? Either way when the money hit your account you had a point of contact straight back to him. But you're off with the money, and not a thing for a year. Then the boys in blue call on you....

If you can't afford a lawyer you should contact Legal Aid. You do need a lawyer because your scam is likely to infuriate a magistrate, but not to the point where a gaol sentence is likely - but that's only because of the low amount.

Conviction certain in my view because there's no mitigation - bond likely - community service order likely - you'll have to pay the money back.

It wouldn't hurt to get some counselling about your gambling and be able to demonstrate progress. You're not alone there.

Good luck.







Edited by PMCL - 07/August/2010 at 18:02
Peter Murphy Criminal Law www.defencelawyersydney.com.au

tilly101 View Drop Down
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Joined: 07/August/2010
Location: Australia
Posts: 5
  Quote tilly101 Quote  Post ReplyReply Direct Link To This Post Posted: 08/August/2010 at 17:06
*sigh*

To the one person who did reply...

Please take the time to read posts before you bother to respond.

1. I did not post the phone on ebay. I posted it on an online ad forum in which all you have to do to post an ad is type in your email, than click on the activation link
There was about 30 seconds of 'prep' [as you put it]
And I posted it on a whim after having gambled my entire months pay and realising I would have no way of buying any food for the next fortnight.
It was posted, a reply received, and my bank dtls given all in the space of approx 15 mins


2. I also did point out in my post that I no longer have a gambling problem. I went through 4 mths of counselling.
I did write that I dont have a prob anymore

Can I ask though:
If a jail sentence is unlikely, why do I need a solicitor?
I dont mean for that to sound off by the one, its a legitimate question
I already have the money ready to give back to the 'victim'
I am prepared for a good behaviour bond

What other service could a solicitor offer me ?



Edited by jaazzz - 08/August/2010 at 18:02

jaazzz View Drop Down
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Joined: 19/September/2009
Location: Australia
Posts: 6516
  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 08/August/2010 at 18:07


tilly, I have deleted the inflammatory remarks & name calling from your post. Name calling is not tolerated on here & this is your first & final warning.

PMCL is an experienced defence lawyer, & has given you an idea of what to expect & offered some advise which is what you were after.

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

tilly101 View Drop Down
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Joined: 07/August/2010
Location: Australia
Posts: 5
  Quote tilly101 Quote  Post ReplyReply Direct Link To This Post Posted: 08/August/2010 at 22:52
The advice offered was not appropriate as the person posting did not pay proper attention to my post and as a result had a very innaccurate understanding of my situation

I am yet to receive any advice relevant to my actual situation

Anyone who can assist in this regard, pls feel free to do so

MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 08/August/2010 at 23:32
If you have the money ready to give back, why have you not done this? Waiting till the last minute will not endear you to the magistrate.

Fraud is a serious matter, regardless of the amount, I believe you need a solicitor acting for you, for a start he could present your case in a way that the court can properly understand and say the right words so as to minimise any sentence you may receive.

Good to see that you have already addressed your gambling problem, this will be of great assistance in any court case, ensure that you can satisfactorily prove that the problem has been addressed, just saying it may not wash with the magistrate, he will have heard that before from other defendants, who invariably turn up again in the court.

Finally PMCL is a very experienced criminal lawyer, he has addressed what was presented to him, any failure to interpret what was meant was due to his failure as a mind reader, we can only go on what is written, not on what is meant. He used his experience to offer his assistance, and we value his input here. Being rude to posters who only come her to assist does not endear you to the community, please desist.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

GoForBroke View Drop Down
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Joined: 22/June/2010
Location: Australia
Posts: 10
  Quote GoForBroke Quote  Post ReplyReply Direct Link To This Post Posted: 09/August/2010 at 14:24
Hi Tilly. Nice work insulting PMCL. I'm sure everyone wants to help you now.
What's your next question? You want to know why you should bother getting a solicitor when you think you have a good chance of not going to jail and perhaps a small penalty? Well, based on your tact in this forum, I'd assume the presentation of your case to a magistrate will result in a worse than average penalty (as you will probably be offensive).

You're over your gambling problem are you? Is that why you want to gamble your sentence by not hiring a solicitor.

Nice one. Gave me lolz.

kooky View Drop Down
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Joined: 20/April/2010
Location: Australia
Posts: 77
  Quote kooky Quote  Post ReplyReply Direct Link To This Post Posted: 09/August/2010 at 17:41
Hi Tilly101, I think that you should listen to the advice given by MartinO, pay the money back as soon as possible, prove that you are a good person and made a silly mistake and move on with your life in a positive way. We have all made mistakes, it is how we learn & turn things around that makes us a better person. I think you have made a brave step in addressing your problem by going to councelling, so if the final step is paying back the money then this is what is going to be important in a judges view of you.

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