Defence Lawyer to Magistrate: My client has pleaded guilty at the first available opportunity - this is an indication of his/her sincere remorse and regret. He/she has just turned 18 years - in fact this theft occurred on his/her birthday Friday 13 September 20xx. As your Honour can appreciate, had these items been taken the day before he/she turned 18, he/she would be facing a different jurisdiction,that is the Children’s Court. The sentence for this matter, would not be, in all probability, as severe. Nor is it likely that my client would be ‘convicted’ of this criminal offence as he/she would be considered a ‘child’. Now sadly, at 18, he/she is considered an adult in the eyes of the world. I say this, Your Honour, because the ultimate aim of my submission is that you give this young woman/man an opportunity of not having a criminal conviction that could adversely affect the rest of his/her life. My client’s behaviour, is not be excused but was very much out of character on this day. It was his/her mother’s birthday the following week and he/she found himself/herself without the means to buy her a present. He/She loves his/her mother dearly and there was to be a party to celebrate the occasion. The rest of the family was to be in attendance and he/she felt it would be embarrassing to attend without a gift. As you know the plan ended badly! His/her arrest and court appearance is far more embarrassing for the family and my client is thoroughly ashamed. He/she is currently working for a world renowned chef and hopes to travel throughout the world to pursue his/her career. Any criminal conviction will seriously jeopardise that travel. He/she cooperated with the store security and police … and I can assure you, my client has learnt a very valuable lesson.

I ask you to please consider dealing with my client pursuant to Section 10 of the Crimes (Sentence Procedure) Act either by way of a bond or outright dismissal, but please do not record a conviction.

Magistrate to Defendant: I would like to hear what you have to say - Defendant can ad-lib.

Class to Consider Possible Sentences

• Conviction + Fine ($2,000 max)

• Conviction + Bond to be of good behaviour (up to 5 years)

• Conviction + Community Service Order (500 hours max)

• Conviction + Imprisonment (2 years max)

• Non Conviction = ‘Dismissed’

• Non Conviction = ‘Discharge’ on Good Behaviour Bond (2 years max)

If you were the Magistrate.

• For this defendant - what penalty would you impose after hearing from the defence lawyer?

• What would you say to the defendant when handing down your sentence? What do you think is important for him/her to hear?

• If the defendant had been stealing property for other people - what sentence would you impose?

• What is the purpose of sentencing? Why not just forgive and forget?

Statement from the Magistrate when Delivering the Sentence (optional)

Magistrate: The accused is charged with stealing … [identify the property]. What amounts in law to stealing? The essential elements of that offence are:

1. that the property must belong to someone other than the accused;

2. it must be taken and carried away; and

3. the taking must be without the consent of the owner of the property.

Beyond those three elements or requirements, there are an additional three elements which relate to the accused’s mental state at the time of the taking, namely:

1. the property must be taken with the intention of permanently depriving the owner of it;

2. the property must be taken without a claim of right made in good faith; and

3. the property must be taken dishonestly.

[To the Defendant] Please stand up I will now deliver my decision. I hereby find you guilty of the offence of larceny.

[Outline how the defendant has committed the elements of the offence and then announce the penalty]