Breach CCO Appeal – Successful

Breach CCO AppealOur client pleaded guilty to trafficking four years ago and was ordered to complete a 2-year Community Corrections Order. He breached that order by failing to complete his community work and was resentenced to a further 2-year order. He breached that order by failing to complete the community work again. He was then sentenced to one imprisonment with a further CCO to complete upon release.

This was appealed. We represented the client at the Melbourne County Court on the charge of Breach CCO.

We were successful on appeal and our client was given a third opportunity to complete his order. It turned out that our client had made significant progress in his rehabilitation despite failings on the order and had been battling long term issues with drugs, gambling and depression. We referred him to counsellors to address these issues and by the time the appeal was heard, he had been seeing three separate counsellors for each specific problem. Further, his family attended court in full support of him.

This gave credibility to submissions to the court to have the confidence to put him on a further order. The Judge, after much consideration, allowed our appeal and put him on a further order.

 


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 10/08/2015