This is a case study on an appeal against a prison term for driving whilst suspended.
What is alleged to have occured?
Our client wanted to appeal a 2-month term of imprisonment handed down by the Magistrates’ Court for a charge of Driving Whilst Suspended. He had already been previously charged 5 times for Driving Whilst Suspended/Disqualified.
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.
What happened at court?
We acted on the client’s behalf during the appeal at the Melbourne County Court.
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.
What was the result?
The previous ruling of the Magistrates’ Court was overturned and our client, with consideration to his personal circumstances, received a Corrections Order. This was a successful outcome for an appeal against a prison term for driving whilst suspended as the client was able to avoid prison.
What is alleged to have occured?
Our client wanted to appeal a 2-month term of imprisonment handed down by the Magistrates’ Court for a charge of Driving Whilst Suspended. He had already been previously charged 5 times for Driving Whilst Suspended/Disqualified.
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.
What happened at court?
We acted on the client’s behalf during the appeal at the Melbourne County Court.
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.
What was the result?
The previous ruling of the Magistrates’ Court was overturned and our client, with consideration to his personal circumstances, received a Corrections Order. This was a successful outcome for an appeal against a prison term for driving whilst suspended as the client was able to avoid prison.
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
