Police v Valent

[2025] ACTMC 12

MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Police v Valent

Citation: 

[2025] ACTMC 12

Hearing Dates: 

17, 18, 19 December 2024, 11 March 2025

Decision Date: 

26 May 2025

Before:

Magistrate Temby

Decision: 

See paragraphs [261] and [262]  

Catchwords: 

CRIMINAL LAW – Theft – Obtain Property by Deception – Money – Multiple Charges

Legislation Cited: 

Evidence (Miscellaneous Provisions) Act 1991 (ACT), ss 68, 81B and 81I

Criminal Code 2002 (ACT), ss 304, 308, 326

Cases Cited: 

R v Murray (1987) 11 NSWLR 12

Liberato v The Queen (1985) 159 CLR 507

De Silva v The Queen (2019) 268 CLR 57

Edwards v The Queen (1993) 179 CLR 193

Parties: 

Bethany Scott (Informant)

Theodore Valent ( Defendant)

Representation: 

Solicitors

ACT Director of Public Prosecutions

ACT Legal Aid ( Defendant)

File Numbers:

CC 23/7815

CC 23/8211 – 8227

CC 24/1146 – 1147

MAGISTRATE TEMBY:

1․The Defendant and the complainant used to be married, however they separated a long time ago. Ordinarily, the complainant is distrustful of the Defendant, however, in May 2023, she turned to the Defendant for assistance. Her mental health was deteriorating as a result of a decision she had made to wean herself off her anti-psychotic medication. The complainant has schizophrenia.

2․The complainant began weaning herself off her anti-psychotic medication from around September 2022 and was no longer taking the medication by early May 2023.The Defendant moved in with the complainant in late May 2023. He assisted her by, for example, making food for her, providing transport and supporting her desire to pursue alternative remedies for her mental health condition. On 29 June 2023, after the Defendant had been living with the complainant for around a month, the complainant gave him authority to operate one of her bank accounts.

3․The complainant’s mental health condition further deteriorated, particularly in the days leading up to 12 July 2023, when she was admitted to hospital. The Defendant continued to stay at her house while she was in hospital. It was not until their daughter (Marita Valent) obtained a Family Violence Order on the complainant’s behalf, with the Defendant being the respondent to the order, that the Defendant moved out.

4․The Defendant was interviewed by police on 6 August 2023. It is alleged that, from shortly before the Defendant obtained access to the complainant’s bank account until he spoke to police about five weeks later, the Defendant took $11,050 belonging to the complainant by withdrawing cash from her account and transferring funds from her account to his.

5․The Defendant is charged with 19 counts of theft, relating to each of the impugned transactions, pursuant to s 308 of the Criminal Code 2002 (ACT). In the alternative, the Prosecution relies on the offence of obtaining property by deception, pursuant to s 326 of the Criminal Code 2002 (ACT).

6․There is no doubt that money was transferred from the complainant’s account to the Defendant’s accounts. There is also no doubt that, after the complainant was taken to hospital, it was the Defendant who…