1

KERIN

PROSECUTION ALLEGATIONS

On the evening in question at DavindaGriwal’s house an alarm sounded at the St Peters Police Station which indicated that the premises in question had been entered.

The owners of the premises had previously informed the police that they were travelling overseas for some three months.

A police patrol in the area attended at the premises in question and noticed a vehicle in the back lane adjacent to the back gate of the house.

On investigation they noticed that a window had been forced and a video cassette recorder and portable television were situated on the ground outside the window.

Two police officers saw the defendant carrying a compact disc player emerging from the window.

The defendant was stopped and spoken to and subsequently charged.

DEFENCE SUBMISSIONS

The defendant is a 40 year old man who advises that he is very short of money at this time of year following the Christmas accounts all coming due.

He advises that he planned to keep the compact disc player but sell the other items to raise money to meet these accounts.

The defendant is married and has 3 children at home.

His wife does not work.

The defendant works part-time as a paving contractor in his brother-in-law’s business.

The defendant and his family had recently moved from Western Australia.

The defendant has three prior convictions in Western Australia all for larceny offences over the last ten years. His last conviction was in 1999 and he served four months imprisonment in relation to that offence.

EDUCATIONAL USE ONLY

SOUTH AUSTRALIA

Form 4

/ INFORMATION
Magistrates Court of South Australia

Summary Procedure Act, 1921
Sections 101 / Court Use
date filed
Informant
Name:. THE UNDERSIGNED MEMBER OF THE POLICE FORCE
AddressADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name:KERIN, Kevin
Address
Offence details
  1. The Information of a Member of the Police Force of Adelaide this 9th day of January 2012 who states that Kevin Kerin at St Peters on the same day broke into and entered the house of DavindaGriwal and committed therein an offence to which this section applies namely larceny of a colour television, video recorder and compact disc player together of the value of $4 884, the property of DavindaGriwal.
Section 170(1)(a) of the Criminal Law Consolidation Act, 1935.
This is a Minor Indictable Offence
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateInformant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

Criminal Law Consolidation Act 1935

Serious criminal trespass-places of residence

170. (1) A person who commits a serious criminal trespass in a place of residence is guilty of an offence.

Maximum penalty: Imprisonment for 15 years.