Appeal Against Jail Sentence – Driving Disqualified

This matter was an appeal against a sentence by the Magistrates’ Court of an immediate term of imprisonment of 2 months for a charge of driving whilst suspended.

What is alleged to have occured?
Our client had 5 relevant priors for driving whilst suspended/disqualified although none were during Court ordered suspensions, but rather falling foul of VicRoads notices.

On previous occasions, the client received fines, suspended sentences, and Intensive Corrections Orders.

What happened at court?
We represented the client at the Melbourne County Court.

Written and oral submissions were tendered to the Court in relation to why an immediate term of imprisonment was not warranted in the circumstances of this case despite the priors.

Submissions were made as to the context of the priors and a number of matters in mitigation which would make it unjust in all the circumstances to impose an immediate term of imprisonment.

What was the result?
We were able to show the Court that the objective seriousness of the offending did not of itself warrant a term of imprisonment, and that the client’s personal circumstances meant that a corrections order was a more suitable punishment.

In doing so, we were able to avoid him being served a jail term at all.
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 25/05/2015