Appeal Against Prison Term for Driving Whilst Suspended
It must be noted that none of our client’s previous driving whilst suspended/disqualified charges occurred while under court-ordered suspensions. They had all stemmed out from falling foul of VicRoads notices for which he received suspended sentences, Intensive Corrections Order, and fines.
Submissions were made to the court, both oral and written, explaining why an immediate prison term for the client would be unjust. The circumstances surrounding the previous offences were thoroughly discussed, clearly pointing out that they need not lead the court to imposing a gaol term. We focused on the objective seriousness of the offending and the court was ultimately persuaded that imprisonment is not the appropriate punishment.
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