Appeal Prison Sentence for Exceed PCA and Other Traffic Charges – ICO

This is a case study on a successful sentence appeal for an Exceed PCA charge and two other traffic offences.

What is alleged to have occured?
Our client wanted to appeal his sentence that was handed down by the Broadmeadows Magistrates’ Court for the following traffic charges:
  • Exceed PCA
  • Drive in a Manner Dangerous
  • Drive Whilst Licence Disqualified
The penalty imposed by the magistrate was a prison term of 6 months to be immediately served.

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

We gathered and organised materials that were previously not presented to the court during the first sentencing. Our client’s sister also gave character evidence which further strengthened the case.

What was the result?
The appeal was successful. The County Court judge overturned the decision of the Magistrates’ Court and imposed a 4-month Intensive Corrections Order instead. Our client was not sent to prison and was hence allowed to live his life in the community.

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 20/03/2020