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Recent Articles

Appeal against term of imprisonment for driving offences

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Josh Taaffe
Criminal Defence Lawyer


Driving - Other Traffic Offences

A Case Study: Driving Offences - Appeal against term of imprisonment in the County Court
7286

The Name of the Offence


Drive whilst disqualified

Place of the event - Drive whilst disqualified


Melbourne

The court attended - Drive whilst disqualified


Melbourne County Court
Acting Solicitor: Josh Taaffe

Facts of the Case - Drive whilst disqualified


The client had extensive priors for driving offences including driving whilst disqualified, drink driving and speeding. In the past he had served periods of actual imprisonment for driving offences. In the Magistrates' Court on a plea to two counts of driving whilst disqualified he was sentenced to serve one month of imprisonment.

The client had been diagnosed with bi-polar disorder after his last realease from custody and began receiving treatment that stabilized his life.

The new offences occurred in a period where he was still trying different medications and was not completely stabilized. Josh was able to demonstrate that the past offending had occurred in the presence of an untreated psychiatric condition and the present offences had occurred whilst that condition was not stabilized.

Results Achieved


We appealed the result and were successful in the County Court, ultimately receiving a sentence of 3 months wholly suspended for 12 months. The suspended sentence was imposed in recognition of the fact that the client's prospects of rehabilitation had improved with the diagnosis of his condition.

Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
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