Appeal Against Term of Imprisonment for Driving Offences

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 release from custody and began receiving treatment that stabilised his life.

The new offences occurred in a period where he was still trying different medications and was not completely stabilised. Josh Taaffe 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 stabilised.

We appealed the result and were successful in the Melbourne 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.


Josh TaaffeJosh Taaffe

Josh has extensive experience in indictable crime including sex offences, assaults & drug matters.

As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.

Visit Josh’s profile to read more about his background and experience.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013