Appeal Against Sentence for Driving Charges

This is a case study on an appeal for a sentence of Community Corrections Order involving a huge number of hours of unpaid community work. This sentence was imposed against driving offences.

What is alleged to have occured?
Our client had previously pleaded guilty to two charges of Driving Whilst Suspended in the Magistrates’ Court. The second charge occurred only a week after the first charge which made it an aggravating factor in the case. She was sentenced to a Community Corrections Order with 250 hours of unpaid community work by the Sunshine Magistrates’ Court. The Magistrate had also disqualified our client from driving for 12 months.

What happened at court?
Our client appealed and we acted on her behalf at the County Court of Victoria. The charges involve were:

Submissions were made about the importance of a licence to our client, emphasising her exceptional circumstances. Our client was the primary carer of her ill mother and she needed to take her to appointments.

Submissions were also made regarding our client’s mental health issues; having suffered family violence from her ex-boyfriend and having to look after her mother from a young age was a significant responsibility – both of which contributed to her mental health deteriorating.

What was the result?
The County Court judge set aside the orders of the Magistrates’ Court and imposed a $1,200 fine with no licence loss.
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 08/12/2015