Burglary charge dismissed, concurrent sentence and costs awarded

Our client was charged with aggravated home burglary, stealing and steal motor vehicle. A few days after the burglary, the police executed a search warrant at a property where our client was staying with a female friend. The police found the stolen vehicle and property taken from the relevant home. Our client initially denied knowledge of the presence of the stolen property and also denied driving the vehicle. He later admitted driving the vehicle once confronted with CCTV of him and the female friend in the vehicle around 48 hours after the burglary. Pre-trial, the prosecution applied to use evidence of our client’s prior (unrelated) convictions for burglary against him at the trial. We opposed this application on strong legal grounds and it was consequently withdrawn by the prosecution. On the day of the trial, the prosecution discontinued the aggravated burglary and stealing offences, and our client pleaded guilty only to the steal motor vehicle charge (on the basis, consist with CCTV evidence, that he used the vehicle without the consent of the owner but was not responsible for its theft during the burglary). Although a short term of imprisonment was imposed, it was ordered to be served concurrently with a term of imprisonment he was already serving for an unrelated matter, so he effectively did not receive any additional punishment. Our client was also granted a costs award for the two charges which were discontinued.