Case Study: Non-Custodial Outcome in Family Violence Related Financial Advantage Case
- Shaun Pascoe
- Oct 13
- 2 min read
Table of Contents
Summary of Facts
Charges
Court - Melbourne County Court
Our client was charged with theft, obtaining property by deception, and Obtain financial advantage by deception a complex and emotionally charged breakdown of his marriage. There was a young child of their marriage, and upon separation from his former partner, our client had experienced ongoing difficulties securing regular contact wtih this son. A famly law solicitor was engaged and contested parenting and propery proceedings were commenced. These family law matters running in parallel to the criminal proceedings.
The allegation involved the unauthorized transfer of $230,000 from his former partner’s bank account into his own. Although he returned approximately $186,000 several days later, he retained $44,000 claiming it was owed to him.
Police investigated the matter after receiving a complaint, reviewing both parties’ financial records. The prosecution alleged—and our client accepted—that he did not have permission to access his former partner’s account or transfer the funds.
What made this case unusual was our client’s motivation. He was not seeking personal gain but was deeply concerned about the potential actions his former partner might take following their separation. He made full admissions during his police interview and explained his reasoning.
The matter progressed through a committal mention and resolved to a single charge. It was then booked into the County Court for a guilty plea.
What Happened at Court
Before the plea hearing, our office gathered materials to support mitigation, including:
A comprehensive psychological assessment
A treatment letter from his psychologist
These documents helped the court understand the emotional and psychological challenges our client faced during the marriage breakdown. He also actively participated in rehabilitation programs, including:
A men’s behaviour change course
Various parenting courses
Importantly, all property matters were resolved before the plea. The funds involved in the offence were ultimately included in the negotiated property settlement, meaning no compensation was required to be paid by our client to his former partner as part of the criminal proceeding.
At the plea hearing, we emphasized:
His early guilty plea
Full cooperation with police
Psychological evidence
Completion of relevant rehabilitation programs
Court Outcome
The judge imposed a Community Corrections Order with both punitive and therapeutic conditions. This included unpaid community work and participation in treatment programs aimed at reducing the risk of reoffending. Due to prior offences, the order was made with conviction.
This outcome was considered very favourable for our client, especially given the amount of money involved. In similar cases, imprisonment is often ordered. Our client successfully avoided a custodial sentence thanks to a well-prepared and thoughtful defence strategy
