This is a breaching offence case that shows how a client avoided a term of imprisonment for Breach Community Corrections Order.
What is alleged to have occured?
Our client was in breach of a Community Correction Order (CCO) which they had already breached previously. On that previous occasion, the magistrate made it clear that it was their last opportunity to avoid a term of imprisonment. The CCO had been imposed for drug-related offending, burglary, theft, and driving offences.
The client had failed to comply with any of the conditions of the order, which included supervision, drug testing and counselling, and offending behaviour programs. They had missed over 12 appointments without any reasonable explanation with corrections and had also committed new offences whilst on the CCO.
What happened at court?
We represented the client at the Broadmeadows Magistrates’ Court.
The preparation of plea material was critical in avoiding a term of imprisonment. We obtained reports from the client’s treating doctor, character references from friends and family, and a letter from their employer to confirm that they were working. We also directed the client to attend sessions with a psychologist before ultimately pleading to the offences, followed by a letter provided to the court to confirm their attendance.
What was the result?
After making submissions, the magistrate agreed that it would best to avoid a term of imprisonment for this case of Breach Community Corrections Order as this would only frustrate the client in their efforts to get their life back on track. The magistrate cancelled the CCO and re-sentenced the client on the original offences. On the charges of Theft and Burglary, the client received a 1-month term of imprisonment wholly suspended for 6 months. No further orders were made in relation to the rest of the offences.
What is alleged to have occured?
Our client was in breach of a Community Correction Order (CCO) which they had already breached previously. On that previous occasion, the magistrate made it clear that it was their last opportunity to avoid a term of imprisonment. The CCO had been imposed for drug-related offending, burglary, theft, and driving offences.
The client had failed to comply with any of the conditions of the order, which included supervision, drug testing and counselling, and offending behaviour programs. They had missed over 12 appointments without any reasonable explanation with corrections and had also committed new offences whilst on the CCO.
What happened at court?
We represented the client at the Broadmeadows Magistrates’ Court.
The preparation of plea material was critical in avoiding a term of imprisonment. We obtained reports from the client’s treating doctor, character references from friends and family, and a letter from their employer to confirm that they were working. We also directed the client to attend sessions with a psychologist before ultimately pleading to the offences, followed by a letter provided to the court to confirm their attendance.
What was the result?
After making submissions, the magistrate agreed that it would best to avoid a term of imprisonment for this case of Breach Community Corrections Order as this would only frustrate the client in their efforts to get their life back on track. The magistrate cancelled the CCO and re-sentenced the client on the original offences. On the charges of Theft and Burglary, the client received a 1-month term of imprisonment wholly suspended for 6 months. No further orders were made in relation to the rest of the offences.
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 18/04/2017</blockquote
