Application to Vary an Intensive Corrections Order
The client had been charged with possessing materials for the manufacture of amphetamine. She was sentenced to a 9 month Intensive Corrections Order. She started the order, but was having difficulty in complying due to her current circumstances. Corrections were about to instigate breach proceedings. Advice was given to her by us to list an Application to cancel the Order prior to Corrections listing the breach. We appeared at the Application to cancel.
The Application was successful. Through the provision of medical and psychiatric material, we were able to demonstrate that her circumstances had changed since the Intensive Corrections Order was imposed, such that she was not able to comply with its conditions.
The client suffered from social phobia, anxiety, depression and obsessive compulsive disorder. These conditions, in combination, make compliance with the strict requirements of the Order impossible. The Magistrate was so persuaded, and in imposing the new sentence, took into account her level of compliance, and imposed a short suspended sentence.
* Intensive Correction Orders, along with Community Based Orders and Combined Custody and Treatment Orders are no longer available sentencing options in Victorian Courts as they were replaced with Community Corrections Orders, also referred to as a CCO, as of 16th January 2012.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her background and experience.
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 25/02/2013